( 1 ) THIS appeal is filed by original defendant No. 2 in regular civil suit No. 1552 of 1971 filed in the court of the 3rd Joint Civil Judge (Junior Division) Surat by respondent No. 1 Bank for recovering an amount of Rs. 433. 7-48 paise against appellant defendant No. 2 as well as respondent No. 2 original defendant No. 1.

( 2 ) THE trial court decreed the suit against respondent No. 2 but dismissed it against the appellant defendant No. 2. The appellate court allowed the appeal of respondent No. 1 plaintiff bank and also passed a decree against the present appellant original defendant No 2. That has brought dissatisfied defendant No. 2 to this court by way of the present second appeal.

( 3 ) NOW a look at a few relevant facts. Respondent No. 1 is a banking company registered under the Banking Companies Act 1913 and it is transferred under the Acquisition and Transfer of Undertakings Act 1969 and it is functioning in the name of Central Bank of India. Respondent No. 1 bank filed the aforesaid suit on a promissory note against respondent No. 2 original defendant No. 1 as the principal debtor and the present appellant-defendant No. 2 as a surety. It is the case of