Judgment

KULDIP SINGH, J.:- State Bank of India at Imphal, Manipur, instituted a suit for recovery of a sum of Rupees 44,852.35 from Yumnam Gouramani Singh. The trial Court by its judgment dated December 31, 1971 decreed the suit partly and held that the bank was entitled to recover a sum of Rs. 9,962 91 with interest at the rate of 7 1/2 per cent for the period from September 22, 1960 till the recovery of the amount. Being aggrieved by the judgment of the trial Court, the bank as well as Yumnam Gouramani Singh filed appeals before the High Court. The High Court disposed of both the appeals by a common judgment dated August 19, 1977. The High Court allowed the appeal of Yumnam Gouramani Singh and dismissed the suit of the bank. The appeal filed by the bank was, as a consequence, dismissed. The appeal by the State Bank of India is against the judgment of the High Court.

2. Ten issues were framed by the trial Court. Issues Nos. 3,4 and 7 were as under :-

"3. Did the defendant borrow from the Manipur State Bank Ltd. Rupees 15,000/- on 16-3-54, Rs. 10,000/- on 19-9-55 and draw an overdraft showing a debit balance of Rs. 9438,13/2 on 21-12-56?

4. Has the defendant paid Rupees 11,300/- as b