( 1 ) THIS is an appeal from the Judgment and decree of the Second Judge, City Civil Court, Hyderabad given on 12-3-1957. The facts relevant for the purpose of appreciating the contentions raised before us may briefly be stated.

( 2 ) THE respondent-plaintiff instituted the suit for the recovery of R. 61, 853-3-10 (O. S.) against the 1st dependent and the legal representatives of Mir Iftikhar Ali Baquri, who are defendants 2 to 4, alleging inter alia that the 1st defendant and the ancestor of defendants 2 to 4, who was the brother of the 1st defendant, opened a current account on 6/02/1945 with the plaintiff-Bank. Under the said account, the 1st defendant and his brother used to deposit and draw by way of overdraft as per the rules of the Bank as and when it was necessary. The 1st defendant and his brother obtained Rs. 1615-6-2 O. S. on 9-9- 1947 under the said account. The 1st defendant and his brother had agreed to pay Re. 1 per month per Rs. 100 as interest, on the amount overdrawn by them. On taking accounts from the date of the opening, that is to say from 6-2-1945 to 31-12-1948 it was found that a sum of Rs. 61,883-10 O. S. was due. The 1st defendant and his brothe