This appeal arises from the decree passed by the Assistant District Judge (1) Silchar in Money Suit No. 44. of 1978.

2. Facts,-The plaintiff, United Bank of India, instituted the suit against the defendants Jyotirmoy Bhattacharjee and Gopendra Kumar Bbaltacharjee for recovery of a sum of Rs. 23,078.56. The case of the plaintiff-bank is that, on 13.2.74, the defendant Jyotimoy Bhattacharjee took a loan of Rs. 16.500/- for carrying on his business with interest at 31/2% per annum above the Reserve Bank of India rate subject to minimum rate of interest at 101/2% per annum with monthly rests from the plaintiff's branch bank at Meherpur by executing a demand promissory note dated 13.2.74 and also by executing hypothecation agreement. The defendant Gopendra was the guarantor. The defendant Jyotirmoy also executed a letter of continuity in respect of demand promissory note. By a letter dated 29.7.74, the defendant Jyotirmoy admitted and acknowledged the debt on crediting sum of Rs. 15,800.22 as on 30.6.74. The defendant Jyotirmoy failed and neglected to repay the amount together with interest in spite of demands made to him and his guarantor. Rs. 23,078.56 now due to be paid to the plainti

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