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1978 Supreme(SC) 175

P.S.KAILASAM, R.S.SARKARIA, N.L.UNTWALIA
State Bank Of India – Appellant
Versus
Shyama Devi – Respondent


Advocates:
ASHOK GROVER, G.K.B.CHOWDHURY, J.S.Arora, M.V.GOSWAMY, S.P.BHARGAVA, Y.S.Chitale

JUDGMENT

SARKARIA, J.:— This appeal on certificate is directed against a judgment and decree, dated March 3, 1964, of the High Court of Judicature at Allahabad. It arises out of these circumstances.

On September 17, 1945, the respondent opened a Saving Bank Account, being No. 9001, with the Appellants predecessor, the Imperial Bank of India at its Allahabad Branch. She was introduced to the Bank by one Kapil Deo Shukla, who was an employee of the Bank, and admittedly a close neighbour of the respondent and a friend of her husband, Bhagwati Prasad.

2. On November 30, 1948, the respondent made a petition in forma pauperis for the recovery of Rs. 15,547/10/-, together with pendente lite and future interest from the Imperial Bank. This petition was later registered as a regular suit in 1950. The plaintiffs case, as pleaded, was as follows:

3. The plaintiff had, apart from Rs. 1,932/2/- admitted by the defendant Bank, the under-noted amounts which were deposited by her from time to time with the Bank:

Rs. 105 __ deposited on September 17, 1945.

Rs. 4,000 __ deposited on September 17, 1945.

Rs. 8,000 __ deposited on December 7, 1945.

Rs. 100 __ deposited on June 20, 1946.

Rs. 12,205

These am














































































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