K.S. HEGDE, J.

(1) THIS appeal by Special Leave is directed against the decision of the High court of Kerala in A. S. No. 462 of 1960, wherein the learned Judges of the High court reversed the decision of the Trial court and remanded the case to the Trial court for disposal in accordance with law mainly on the basis of the decision of that court in Chandy Cheriyan v. Travancore General Bank Ltd., 1965 KLT 737. The correctness of the decision in Chandy Cheriyans case as well as the decision in this case came up for consideration before a full bench of the Kerala High court in Catholic Bank of India Ltd , (in liquidation) v. George Jacob, 1967 KLT 416. The full bench held that both those cases were wrongly decided. It accordingly overruled the rule laid down in those decisions. The respondent is not represented before us. Neither he filed his statement of case nor was his counsel present before us now. The correctness of the full bench decision was not assailed before us. Under the circumstances and for the purpose of this case following that decision, we allow this appeal.

(2) FOR the reasons mentioned above, we allow this appeal, set aside the order of the High court and restore that of the Trial court. The appellant is entitled to the costs of this appeal from the respondent.