JUDGMENT :

A.K. Rath, J - This appeal is by the plaintiff.

2. Plaintiff instituted the suit for realisation of Rs.73, 945.90 ps. along with P.I and F.I from the defendants along with certain other reliefs. The plaintiff is a Nationalized Bank constituted under the Banking Regulation Act, 1949 amended by the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970. The plaintiff is a schedule bank and exempted from all provisions of the Orissa Money-Lenders Act, 1939. Case of the plaintiff is that the proprietor of defendant no.1 approached the plaintiff-bank for sanction of cash credit limit of Rs.33, 000/- towards working capital. The bank sanctioned cash credit limit of Rs.33, 000/- on 12.6.1984 in favour of defendant no.1 on certain terms and conditions. Toward collateral security, defendant no.1 executed a demand promissory note on 12.6.1984 expressing an undertaking to repay the entire sum due to the bank on demand together with interest accrued thereon. As further collateral security, defendant no.1 had also executed a deed of hypothecation of goods to secure the cash credit on 12.6.1984 hypothecating the goods in favour of the bank. Defendants 2 and 3 had agreed