( 1 ) THIS regular first appeal filed by Parkash Dev Chopra, defendant No. 3, is directed against the judgment and decree of learned Subordinate Judge I Class, Delhi, whereby he awarded a preliminary decree for recovery of Rs. 31,960 with interest from the date of the institution of the suit till realization by sale of the mortgaged property in favour of the New Bank of India Limited plaintiff against the appellant, Devi Das Chopra and Sons defendant No. 1 and Devi Das Chopra defendant No. 2.

( 2 ) THE appeal arises out of a suit for recovery of Rs. 31,960 by sale of mortgaged property which was brought by the respondent- bank through its principal officer Pran Nath Abrol against Devi Das Chopra and Sons, Devi Das Chopra and Parkash Dev Chopra. Parkash Dev Chopra is the son of Devi Das Chopra. According to the allegations of the plaintiff, defendant No. 1 is a joint Hindu family firm of which Devi Das Chopra is the Kartaa. Defendant No. 3, who is a member of the joint family, was working with his father in the said firm. It is stated that in May 1952 on the application of defendant No. 1 through defendants Nos. 2 and 3 the plaintiff sanctioned a Cash Credit limit t