( 1 ) THIS appeal is from a judgment and decree passed by a learned Judge of the City Civil Court at Calcutta in a suit instituted by the respondent No. 1 before me as plaintiff.

( 2 ) THE material facts are not disputed. A sum of Rs. 26,790/- was due from the Government of West Bengal to the plaintiff who describes himself as a "supplier" to the Government. To satisfy this claim the Principal Agricultural Officer, 24-Parganas (North), Barasat, on February 20, 1966 purchased a demand draft for the amount payable to the plaintiff in his trade name from the State Bank o India, Barasat Branch, drawn on the State Bank of India, Head Office, at 1, Strand Road, Calcutta. This draft bearing No. T 824720 was made over to the plaintiff from whose custody it was subsequently lost. The plaintiff immediately reported the loss to all concerned including State Bank of India, Barasat Branch, and State Bank of India, Head Office, who are respectively defendants Nos. 1 and 2 in the suit, and asked for a duplicate draft conveying his readiness to execute an indemnity bond for this purpose. The State Bank of India informed the plaintiff that the draft in question had not been paid a