( 1 ) BEING aggrieved by the judgment and decree passed by the Civil Judge (S. D.), Gandhidham, in Special Civil Suit No. 341 of 1995 dated 29-10-1996, this first appeal has been filed by original defendant no. 2.

( 2 ) THE facts giving rise to the present appeal, in a nutshell, are as under :

( 3 ) RESPONDENT No. 1 is Central Bank of India. It had lent a sum of Rs. 1,52,000. 00 to respondent No. 2 for the purpose of purchase of a truck. The present appellant was a surety and had executed a deed of guarantee. As respondent no. 2 did not make payment of the amount due and payable by him to respondent no. 1 Bank, respondent No. 1 Bank filed Special Civil Suit No. 341 of 1995 decree passed by the Civil Judge (S. D.), Gandhidham in Special Civil Suit No. 341 of 1995 dated 29-10-1996. for the purpose of recovery of the amount, which was due and payable by the principal debtor, namely, Babulal M. Mehta, who is respondent No. 2 herein. The present appellant was a surety, and therefore, he was joined in the said suit as defendant No. 2. The said suit was decreed and being aggrieved by the judgment and decree, the surety, that is, original defendant No. 2, has approached this C