JUDGMENT - A.B. PALKAR, J.:---This is a suit for damages filed against a Co-operative Bank known as Zoroastrian Co-operative Credit Bank and the Zoroastrain Association on the ground that the Bank refused to allow the plaintiff to operate the joint account held by the plaintiff jointly with one Pestonji Jehangirji Bharucha.

2. According to the plaintiff, said Pestonji Jehangirji Bharucha had a joint saving bank account with him bearing No. 1269 and a Fixed deposit account bearing No. 10513 in which Rs. 600/- was deposited for a period of three years in the year 1985. As per the instructions, the saving bank account was to be operated by Pestonji Bharucha in his life time or by survivor in case of death. In case of fixed deposit however there was no direction that it has to be paid to the survivor. The plaintiff had admittedly filed a suit in the Bombay City Civil Court when he was refused to operate the said saving bank account. In that suit, the plaintiff had taken out Notice of Motion and on concession being made that the plaintiff would furnish security, he was allowed to operate the account and finally a decree is also passed in that suit in favour of the plaintiff. It is an ad

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