DEBANGSU BASAK, J. - (1.) THE suit was for recovery of money lent and advanced and for declaration. The Defendant No. 1 was a partnership firm of which the Defendant Nos. 2 and 3 were partners. The Defendant Nos. 5, 7, 9, 11, 13 and 15 were the hirers of the vehicles from the Defendant No. 1 and the Defendant Nos. 6, 8, 10, 12, 14 and 16 where the guarantors for the payment of the dues to the Defendant No. 1. The Defendant No. 4 issued a Hire Purchase Bank Advance Guarantee Policy dated November 9, 1987 for Rs.4,00,000/ - in favour of the plaintiff.
(2.) THE Defendant No. 4 filed written statement only. None of the defendant, however, appearing during hearing. The witness of the plaintiff proved the documents executed by the defendants. Such documents were marked as Exhibits. It was prayed on behalf of the plaintiff that, decree be granted as prayed for in the plaint.
(3.) THE Defendant Nos. 2 and 3 were the partners of the Defendant No. 1. The Defendant No. 1 was a partnership firm. The Defendant No. 1 was a constituent of the plaintiff. The Defendant Nos. 1, 2 and 3 approached the plaintiff for cash credit hire purchase facility which was granted. In consideration thereof the Defendant Nos. 1, 2 and 3 executed several documents in favour of the plaintiff. The Defendant Nos. 1, 2 and 3 also agreed to hypothecate by way of first charge in favour of the plaintiff all motor vehicles belonging to them then and, thereafter, coming into their custody for security of the credit facility.;