ORDER

McNair, J. - This is an application by the plaintiffs in an interpleader suit. The plaintiff company is an Insurance Company who on 14th October 1931 lent to D. N. Banerjee a sum of Rs. 10,000 and Banerjee deposited with them in Calcutta certain documents of title relating to a property at Ballyganj. It has been alleged that Banerjee was a partner in S.G. Mukherjee & Co. This he denies, and he states that he was in the employ of Probodh Lal Mukherjee who was the sole proprietor of the firm of S.C. Mukherjee & Co., and that he obtained the loan on behalf of his employer. The loan was admittedly repaid by the firm and Mukherjee alleges that he stood surety for its repayment and is now entitled to be subrogated to the rights of the creditor. The loan was repaid in July 1935, and in August 1935 Banerjee and Mukherjee both claimed the title deeds. In the correspondence they have set out their claims and the grounds on which those claims are based. On 23rd August 1935 the attorneys for the plaintiff company wrote to the defendants that the loan had been paid off and the mortgage redeemed by Mukherjee & Co., that both Banerjee and Mukherjee claimed the title deeds and that the compan