( 1 ) THIS judgment shall also govern the disposal of F. A. No. 11 of 1979 Central Bank of India v. M/s. Nirbharam and Sons.

( 2 ) F. A. No. 114/1979 is filed by plaintiff/ appellant against the dismissal of his civil suit No. 4-A/72 while F. A. No. 115/1979 is filed by the plaintiff/appellant against partial dismissal of civil suit No. 3-A/72 of the Court of District Judge, Raigarh, who disposed of both the suits by a common judgment and decree dated 5-2-1979. ( 3 ) IN both the suits, Central Bank of India, Branch Raigarh, M. P. (hereinafter in short 'bank') is the plaintiff. In F. A. No. 114/79, the defendants/respondents are M/s. Grains and Gunny Agencies and its four partners. The plaintiff's case is that on 3-5-1971, the respondents Firm opened a Cash Credit Key Loan Account (hereinafter in short 'key Loan Account') with the Bank. During the period 3-5-1971 to 10-9-1971, the defendants pledged their stocks of foodgrains with the Bank and obtained loan from time to time. The balance outstanding against the defendants as on 15-9-1971 was Rs. 67,553/ -. Shri S. R. Sidhwa, Bank's Inspector of Godowns found various discrepancies in the quantity and the quality of t