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1958 Supreme(Cal) 92

P.N.MUKHERJEE, P.K.SARKAR
DASS BANK LTD. – Appellant
Versus
KALI KUMARI DEBI – Respondent


Advocates Appeared:
BANKIM CHANDRA DUTT, BANKIM CHANDRA ROY, BHABANI SANKAR BAKSHI, BRATIN BANERJEE, Hariprasanna Mukherjee, SANAT DUTTA

P. N. MOOKERJEE, J.

( 1 ) THIS is the plaintiff's appeal and it arises out of a suit for recovery of money to the extent of Rs. 19,999. The suit has been decreed in part by the court below, namely, for Rs. 8,113-5-9 pies and the plaintiff's appeal is directed against the refusal of its claim with regard to the balance, namely, Rs. 11,885-10-3 pies.

( 2 ) THE suit arose under the following circumstances ; the defendant No. 1, who is the husband of defendant No. 2, had an overdraft current account with the plaintiff Bank and was in the habit of faking loans under that account. Defendant No. 2, the wife, appears to have executed a surety bond (Ext. 1), guaranteeing repayment of the dues of defendant No. 1 to the plaintiff Bank in the above account to the extent of Rs. 20,000 and hypothecating for that purpose the properties, described in Annexure 'a' of the present plaint. The plaintiff Bank brought the present suit on the allegation inter alia that the defendant No. 1 was its debtor under the above overdraft account to the tune of about Rs. 60,000. But, in view of the surety bond (Ext. 1), referred to above, and having regard to the fact that no money could be recovered personally














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