DR. RAVI RANJAN, J.:–The plaintiff-appellant has preferred the present appeal against the judgment and decree dated 19.9.1977 passed by the 3rd Additional Sub-Judge, Purnea in Money Suit No. 17 of 1976 / 15 of 1977.

2. The plaintiff has filed the suit for a decree of Rs.13062.05/- against the defendants and also for interest on that amount till its realization. A relief for attachment of hypothecated property has also been sought.

3. Plaintiff’s case in brief is that the father of defendant no.1 was carrying on the business of plying taxi on permit till his death and defendant no.2 is the sole proprietor of his firm carrying out business in the name and style of ‘Shankar Stores’ in Forbesganj Town. Further case of the plaintiff is that father of defendant no.1 had applied for a loan advance to the plaintiff which had sanctioned an advance limit of Rs.16394.35/- in instalment credit loan to the father of defendant no.1 on the security of hypothecation of the taxi of the father of defendant no.1. The father of defendant no.1 had executed the agreement and defendant no.2 had guaranteed the repayment. On 28.11.1970, the father of defendant no.1 withdrew the aforesaid amount of Rs.16394.3

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