PADMA KHASTGIR, J.

( 1 ) THIS suit has been filed by the plaintiff on 13th Sept. 1969 against the defendant Bank for a decree for Rs. 13,701/-, being the amount according to the plaintiff wrongfully and illegally debited in the Savings Account No. 266 maintained by the plaintiff with the defendant in its College Street Branch, decree for Rs. 5,000/- and damages and other consequential reliefs.

( 2 ) THE plaintiff's case is that the plaintiff at all material times had and still has a savings deposit account bearing No. S/b A/c No. 266 with the defendant at its College Street Branch, "at No. 1, Bidhan Sarani. According to the plaintiff, on 10th June 1966 the plaintiff had a balance of Rs. 27,025. 55 in the said account to the credit of the plaintiff. On 18th June 1966 and 11th August 1966 the plaintiff withdrew from the said account a sum of Rs. 2,943. 50 and Rs. 3,225/- respectively aggregating Rs. 6,168. 50 leaving a credit balance of Rs. 20,860. 50 in the said account. On 2nd Feb. 1968 the plaintiff issued a bearer cheque for Rs. 19,000/_ upon the defendant bank, but although according to the plaintiff he had sufficient fund, the defendant bank wrongfully and illegally dishonour

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