Narayan, J.

1. The plaintiff (Bharat Bank Limited) is the appellant, and the appeal arises out of a suit for recovery of a sum of Rs. 7357/15/3 including interest. The plaintiff bank is a registered company having its head-office at Delhi and branches at several places in India. One of the branches of the company is situate in mahalla Saraiyaganj in the town of Muzaffarpur. The defendant carries on grain business at Bairagnia within the district of Muzaffarpur in the name and style of Messrs Ram Ganesh Ram Sheoji Prasad. In November 1944 he applied to the plaintiff bank at Muzaffarpur for opening a cash credit account with the bank up to the limit of Rs. 100,000 on the security of grains. The plaintiff company acceded to this request and allowed the defendant to open a cash credit account with the bank on 1-3-1945. On this very date the defendant executed a promissory note in favour of the bank for Rs. 100,000 promising to pay interest at the rate of one per cent. per annum above the rate fixed by the Reserve Bank of India subject to a minimum rate of 6 per cent. per annum with monthly rest. The defendant put the bank in control of his store of grains stored in his godown a