Tek Chand, J.

1. This is an appeal preferred by the Punjab National Bank Limited, Delhi, defendant No.2, from the decree of the Subordinate Judge 1st Class, Amristar.

2. In this case a decree was passed for Rs.5,000/- with proportionate costs in favour of the plaintiffs against the Bank. The plaintiffs, who are a firm of clearing agents of East Punjab government, had instituted a suit for the recovery of Rs.5,500/- against defendant No.1 M/s. Kakasingh Gurmukh Singh which had been sued through its partners Sham Singh, Harbhajan singh and Jai Ram Singh.

3. According to the allegations in the plaint, the plaintiffs who are a firm registered under the indian Partnership Act, used to carry on their business at Lahore before the partition of the country and defendant No.1 was an approved tenderer of the Punjab Government and in that capacity it had made what is called "a call deposit" of Rs.5,000/- in favour of the Punjab government in the Punjab National Bank, Limited, Lahore (defendant No.2), against a call deposit receipt dated the 6th September, 1945. It was alleged that defendant No.1 had approached the plaintiffs for a loan of Rs.5,000/- against and on the security of the