N. Y. HANUMANTHAPPA, J.

( 1 ) THE defendant in the suit, viz. Bank of India represented by its Zonal Manager is the appellant in the present appeal whereas the plaintiff in the suit is the Cross-Objector.

( 2 ) THE appeal and the Cross Objections are preferred against the judgment and decree dated 2/09/1996 passed by the learned First Additional Judge, City Civil Courts, Hyderabad in O. S. No. 1548 of 1993.

( 3 ) THE appeal has been filed to set aside the impugned judgment and decree of the Court below by which the suit of the plaintiff was decreed in a sum of Rs. 39,461. 10 paise with 24% interest per annum on Rs. 22,942. 50 paise from the date of institution of the suit till realisation with proportionate costs.

( 4 ) IT is to be noted here that the original claim of the plaintiff in the suit was for Rs. 7,72,710. 19 paise as on the date of the suit i. e. , 31-12-1993 together with interest @24. 5% with quarterly rests on the amount of Rs. 5,48,786. 50 and costs. The plaintiff filed the Cross Objections seeking for a decree in a sum of Rs. 7,33,249. 19 aggrieved by the impugned judgment and decree of the Court below. He prayed in the memorandum of Cross Objections that the Court b

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