1. In the suit which is the subject-matter of this appeal the plaintiff claimed that he was induced by defendants 1 to 3 jointly to open accounts in the Jehanabad branch of the Modern Bank of India, Ltd., having its registered Head Office at Dacca. The plaintiff also alleged that defendants 1 to 3 gave personal undertaking that they would be personally liable for any loss that the plaintiff might sustain. On the 9th of September, 1946, the plaintiff made a fixed deposit with the Bank of a sum of Rs. 1,000/-for a term of three months.

The due date of withdrawal was the 9th of December, 1946, but the Bank did not make Payment, though the plaintiff made demand on several occasions. On the 20th of May, 1947, the Bank ultimately refused to make any payment. Defendant No. 1 was the manager of the Gaya branch, defendant No. 2 was the Organizer and Inspector and defendant No. 3 was the local Director of the Jehanabad Branch. The plaintiff hence brought the suit for recovering a sum of Rs. 1,000.00 which was placed in fixed deposit, together with Rs. 38/- claimed as interest. The plaintiff also claimed a sum of Rs. 23/- which amount was deposited in the Savings Bank, and a sum of Re