( 1 ) TWO main questions arise in these two appeals preferred by the Indian Bank Ltd. , (hereinafter referred to as the appellant-Bank); (1) Whether the Memo, Ex. A- dated 21-4-1959, constituted mortgage by deposit of title deeds and (2) whether the 589 and odd caster seed bags pledged by the 1st defendant in O. S. 1/1961 belonged to the 3rd defendant-firm and whether the 1st defendant had no agency or power on behalf of the 3rd defendant to pledge the goods with the appellant-Bank. (Contd. on Column 2) 1. Open loan cash credit account

( 2 ) KEY loan cash credit account.

( 3 ) DOCUMENTARY bills purchasing account.

( 4 ) LEAN bills purchasing account. The total amount due from the 1st defendant on all the accounts is Rupees 1,16,419-71. In respect of the debt, he had deposited title deed under a letter, Ex. A-27. O. S. 1/61 was filed to recover the said amount not only from the 1st defendant but also from the 3rd defendant-firm as it claimed to be the owner of 589 bags of castor seeds pledged by the 1st defendant under Ex. A-28 dated 7-7-1960. 4. The 1st defendant, who filed his written statement and remained ex parte questioned the correctness of the accounts of the a