A.P. Lavande, J.—Heard Mr. C. S. Kaptan, learned counsel for the appellant and Mr. M. N. Ingley, learned counsel for the respondent.

2. By this appeal, the appellant takes exception to the Decree dated 23-8-1991 passed by the IIIrd Additional District Judge, Akola in Regular Civil Appeal No. 1/1988 allowing the appeal filed by the Respondent and dismissing the cross-objection filed by the present appellant.

3. The appellant is the original plaintiff in Regular Civil Suit No; 184/77 filed against the respondents in the Court of Civil Judge, Jr. Dn., Akot. The plaintiff filed the suit against the respondent -defendant for mandatory injunction, recovery of the amount, illegally debited and damages.

4. Briefly, the facts which are relevant for the purpose of disposal of this appeal are as follows:

The plaintiff was having Savings Bank Account No.13721 with Akola District Central Co-operative Bank Ltd., Akola. According to the plaintiff, on 17-1-1977, the balance amount in his account was Rs. 12,758.60/-. On 21-1-1977, he withdrew the amount of Rs. 11,190/- from his account thereby leaving balance Rs.

1568/-. On 21-1-1977, he gave a cheque of Rs. 1500/- in favour of the U