( 1 ) THIS appeal by defendant 7 is directed against the judgment and decree dated 5-9-1974 passed by the Dist. Judge, SK, mangalore in RA No. 8 of 1971 on his file, partly allowing the appeal and to that extent reversing the judgment and decree dt. 14-4-1971 passed by the I Addl. Civil judge, Mangalore in OS No. 83 of 1968 on his file, dismissing the suit of the plaintiff-bank against defendants 6 and 7 granting decree only against defendant 2.

( 2 ) DEFENDANT 2 is the proprietor of a money lending firm called Man galore City bankers arrayed as defendant 1. Defendants 3 to 5 are the sons of defendant 2. Under a hire purchase agreement entered into by defendant 6 for which defendant 7 was the guarantor, a dealer of goods vehicle sold the goods vehicle to defendant 6. In respect of the advance made by defendant 2 to defendants 6 and 7, the plaintiff bank financed defendants 1 and 2 for which defendant 2 executed a pronote for Rs. 1,50,000. An agreement was entered into between the plaintiff and defendants 1 and 2, according to which, the plaintiff was to advance amounts from time to time to the limit of Rs. 1,30,000 on taking hire-purchase agreements from customers