Sivasubramaniam, J.

1. The unsuccessful defendants in O.S. No. 754 of 1979 on the file of the Subordinate Judge of Salem are the appellants in this appeal.

2. The respondent is a Nationalised Bank Which filed the said suit for recovery of a sum of Rs. 44,352-32 due on a mortgage and for costs.

The case of the respondent/plaintiff, as set out in the plaint, is as follows: - The first appellant is a firm in which the other appellants were partners. The appellants wanted financial help for running their business and, therefore, they approached the respondent for a loan. The respondent agreed to lend under Open Cash Credit Hypothecation limit and the facility was sanctioned on 3-2-1971 to the extent of Rs. 20,000 which was subsequently enhanced to Rs. 35,000 on 24-4-1973 and further raised to Rs. 43,000 on 18-8-1973. The second appellant deposited with the respondent Bank on 11-2-1971 the title deeds of his property and created an equitable mortgage. The said deposit of title deeds was made with a view to ensure for loans and advances made and to be made by the Bank to the firm. On 10-9-1973, the appellants 2 to 5 as partners of the first appellant firm and on behalf of the firm,