Renupada Mukherjee, J. - (1.) This appeal has arisen out of a mortgage suit. The plaintiff in the Trial Court was the United Bank of India Limited. There were altogether four defendants in the Trial Court. Defendant No. 1 is a partnership firm going by the name and style of Eastern Bengal Society. Defendants Nos. 2 and 3, Sm. Surabala Shom and Kshirode Chandra Shome are two partners of that firm. Defendant No. 4 is another firm going by the name of G. Bhar and Co.
(2.) The suit was instituted by the plaintiff Bank for recovery of a sum of Rs. 22,220/14/4 pies from the defendants on the basis of a mortgage bond. Defendants Nos. 1 to 3 of the Trial Court are said to be mortgagors. Defendant No. 4 was added as a defendant, because this firm is said to have attached the stock-in-trade of a shop of the mortgagors which is said to have been included in the mortgage.
(3.) The mortgagors did not take any interest in the suit beyond filing a written statement The suit was really contested by defendant No. 4. The defence of this defendant was that it had supplied some goods to the partnership firm between 6th August, 1952, and 27th August, 1952, and as the price of the goods had not been paid, it had filed a money suit against the partnership firm for recovery of a sum of Rs. 3707/- and attached the stock-in-trade of the partnership firm. Accordingly defendant No. 4 contended that the plaintiff Bank was not entitled to get a mortgage decree so far as the stock-in-trade of the partnership firm is concerned.;