( 1 ) IN this appeal the appellant has challenged the order dated 25/04/1985 passed by the learned 3rd Joint Civil Judge (S. D.) Jamnagar below Ex. 13 in Special Civil Suit No. 148/84. The learned counsel for the parties have argued all the questions of law arising in this appeal at considerable length and therefore at the request of the learned counsel of all the parties this appeal is treated as having been admitted and finally heard and disposed of by this judgment.

( 2 ) THE brief facts of the case may be stated here: the present appellant (original defendant No. 1) (hereafter-borrower) bad taken a loan from the respondent No. 1 bank for purchasing a truck bearing registration No. GTP-5580. The respondent Nos. 2 and 3 (hereafter-guarantors) stood sureties for the aforesaid loan. The borrower defaulted in payment instalments of the loan. The respondent bank further advanced loan to the present appellant for purchasing another truck No. GTP-5662. The borrower paid different sums towards second loan committing several defaults in the earlier loan for which the respondent Nos. 2 and 3 had stood sureties. The defendant bank filed suit against the present appellant a