Judgement

KHALID, J.:- This is an Appeal by Special Leave filed by the plaintiff bank against the judgment of the Calcutta High Court, arising from Suit No. 547 of 1952, filed for recovery of a sum of Rs. 17,091-0-1 with interest. The question involved in this appeal is a short one, but of general importance to banks in the country. We have made it clear to the appellant bank that we are interested only in laying down the law in this appeal and not in giving a decree to the bank for this small amount, the claim for which originated nearly 35 years ago. The learned counsel for the appellant bank has agreed to this suggestion.

2. The defendant in the suit was one Ramesh Chandra Roy Chowdhury. The plaintiff was the United Bank of India Ltd. The defendant had an overdraft account with the bank. He died on the 6th November. 1960. On the 20th December, 1960 the widow of the defendant, Smt. Kananbala Devi informed the Deshapriya Park Branch of the death of the defendant. The bank had several branches in Calcutta. One of the branches was the Royal Exchange Branch. It was this branch that instituted the suit in question.

3. The applications for impleading the legal representatives of the defen