SEETHARAM REDDY, J.

( 1 ) THIS Civil Miscellaneous Appeal is preferred against an order of the 5th Additional Judge, City Civil Court , Hyderabad, made on 31-7-79 in I. A. No. 1050 of 1978 in O. S. No. 1059 of 1978, filed by the defendants 1 and 2, the appellants herein, against the respondents 1 and 2 who are the plaintiff and the 3rd defendant respectively.

( 2 ) THE brief facts that led to the filing of I. A No. 1050 of 1978 are: the 1st respondent (plaintiff-firm) filed the suit against the appellant and the 2nd respondent for recovery of a sum of Rs. 1,23, 400-88p. with interest at 12 per cent per annum on the ground that the plaintiff -firm obtained cash credit facility for Rs. 3,00,000. 00 from their bankers to accommodate one late Y. C. Reddi for his business in stainless steel. A cheque was issued in favour of M/s. Vijaya Traders, the sole proprietary concern of Y. C. Reddi, and the same was encashed. Y. C. Reddi, pledged stainless steel material with the plaintiff-firm on 7-5-1976; and the plaintiff-firm in turn , pledged them with their bankers on cash credit loan account and some amount were paid thereafter by the said Y. C. Reddi, during his lifetime and they have yet

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