Narendra Nath Tiwari, J.

1. This appeal is against the judgment and decree dated 13.1.1993 passed by learned Sub-ordinate Judge-I, Chaibasa in Money Suit No. 13/1984 whereby learned Court below has decreed the money suit filed by the plaintiff-appellant in part against the defendant No. 1 and ex parte against the defendant No. 2. the plaintiff is mainly aggrieved by the finding recorded on Issue No. 5 by learned Court below.

2. The plaintiff-Bank had filed a suit for recovery of Rs. 11,56,954.48 with interest against the defendants.

3. The plaintiffs case is that the defendant No. 1 is a Government contractor and was doing contract business at Chaibasa and other places, The defendant No. 1 approached the plaintiff-Bank on 3.3.1981 and requested for the facilities of term loan for Rs. 50, 000/- for purchasing (T.M.B.) Truck No. BRS 2705. The request of the defendant No. 1 was considered by the Bank and the term loan facility for Rs. 50,000/- was granted to him. The defendant No. 2 stood as a guarantor. An agreement was executed dated 3.3.1981 whereby the defendant No. 1 agreed for not creating any further charge over their properties and assets. The defendant No. 1 also agree