Judgment

JAGANNADHADAS, J. : - This is an appeal by special leave against an order of the High Court of Punjab dated 12-5-1955, in the following circumstances.

2. The appellant was a resident of Lahore who came over to India in or about November, 1947 and took up residence at Banaras as a displaced person. He had, prior to 15-8-1947, a fixed deposit of Rs. 1,00,000 in the Lahore Branch of the Simla Banking and Industrial Co. Ltd. (hereinafter referred to as the Bank) which has its head-office at Simla. He had also at the time a cash-credit account in the Bank. The fixed deposit matured in 1948.

The Bank did not pay the amount to the appellant in spite of repeated demands but seems to have adjusted in towards party payment of a sum of Rs. 4,00,000 which is alleged to have been due from the appellant to the Bank in his cash credit account and which the appellant disputed and denied. On 7-11-1951, the Displaced Persons (Debt Adjustment) Act 1951 (70 of 1951) was passed providing certain facilities and reliefs to displaced debtors and displaced creditors.

Section 4 of that Act empowered the State Government to specify any civil Court or class of Civil Courts, as the Tribunals having author