P. B. MUKHARJI, J.

( 1 ) THIS is an appeal from the judgment of the learned trial Judge, Mr. Justice S. R. Das Gupta decreeing the plaintiffs suit for a sum of Rs. 20,925/13/8 with interest thereon at 6 per cent per annum and costs. The suit was filed by Sree Bank Limited (in liquidation) through its Official Liquidator against the defendant on a mutual, open and current account which the defendant had with the Bank.

( 2 ) THE defendant on 9-1-1946 by letter Ex. 1 addressed to the Managing Director of the plaintiff Bank opened "a current deposit account" with a cash deposit of Rs. 201/ -. The evidence of the Managing Director, Sudhansu Kumar Biswas is that subsequently the defendant asked and was granted a temporary overdraft on this account. The account, therefore. was both a current deposit account as well as an overdraft account.

( 3 ) TWO witnesses Gopal Chandra Roy, an accountant of the bank and Sudhansu Kumar Biswas, one of the Managing Directors, gave evidence on behalf of the plaintiff bank. The defendant himself was the only witness who gave evidence on his own behalf. The defendant's evidence was not accepted by the learned trial Judge.

( 4 ) THE learned Counsel on be

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