S.B. Sakrikar, J. -- 1. Appellant/plaintiff Bank has directed this appeal against the judgment and decree dated 20th March, 86 passed by III Additional Judge to the Distt. Judge, Indore in Civil Suit No. 18/85 (Old No. 65B/84) thereby the suit filed by the appellant was decreed only against respondent No.5 and dismissed against respondent No.1 to 4.

2. The facts of the case lie in narrow compass. That respondents No.2 and 3 are the Partners of respondent No. 1 and are dealing with cotton business in the name of respondent No.1. Respondent No.4 stood surety for different loan facilities given to respondent No. 1 by the plaintiff/Bank. Respondent No. 1 obtained certain facilities i.e. pledge, cash credit, bill purchase etc. According to the plaintiff's case, under the bill purchase loan facility given to respondent No. 1, respondent No. 1 used to send goods to its customers and used to endorse the bill, motor transport receipts and Hundi in favour of the appellant/Bank. Respondents used to obtain the amount involved in the aforesaid hundis and bill from the Bank. The amount used to be debited in the name of respondent No. 1, although the bill used to be endorsed in favour of t