JUDGMENT - KHARCHE S.T., J.:-This appeal is directed against the judgment dated 4-12-1989 passed by the Additional District Judge (Mr. J.H. Bhatia) in Regular Civil Appeal No. 161 of 1989, whereby the appeal was allowed and the suit filed by the respondent Central Bank of India for recovery of loan amount was dismissed against the appellant/defendant No. 2.

2. Briefs facts are required to be stated as under:

The plaintiff filed a suit for recovery of Rs. 39,131.85 against the defendants on the contentions that the defendants No. 1 borrowed the loan of Rs. 51,000/- for purchase of matador on 22-9-1979 by executing a deed of hypothecation (Exh. 45) on the date day. The defendants Nos. 2 and 3 stood guarantors to the said loan and had executed a deed of guarantee (Ex. 47). The defendant No. 2 is the real brother of defendant No. 1. The loan amount was disbursed to defendant No. 1 who agreed that the repayment would be by way of instalments. He stopped paying the instalments since 1981. On 21-9-1982, the defendants Nos. 1 and 2 acknowledged the liability and executed fresh documents in favour of the bank. Demand notice was served, but the outstanding amount remained unpaid and, therefo

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