JUDGMENT - KANIA M.H., J.: - This is an appeal against the judgment of a learned Single Judge of this Court dated December 18, 1981 dismissing the suit filed by the appellant. We propose to refer to the parties hereafter, for the sake of convenience, by their original description in the suit. The plaintiff is a nationalised Bank. Defendant No. 1 is a partnership firm of which defendants Nos. 2 to 4 are the partners. The suit was filed by the plaintiff for recovery of a sum of Rs. 74,047.36 with further interest on Rs. 69,149.26 at the rate of 17% per annum from September 1, 1976 till judgment and thereafter at the rate of 6% per annum.

2. The relevant facts have been set out in the judgment of the learned trial Judge and hence we only propose to set out only such of these facts as are necessary for the appreciation of the controversy raised before us. On October 11, 1971 defendant No. 1 made an application to the Bandra Branch of the plaintiff Bank for opening a current account. That application was signed by defendants 2 to 4. Alongwith the said application defendants 2 to 4 handed over a letter stating, inter alia that they were partners of defendant No.1 firm and gave special ins

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