SEN, J. :- This rule came up for hearing before Mookerjee and Das Gupta, JJ. As there was a difference of opinion between them the matter has been placed before me for disposal by my Lord the Chief Justice.

2. The facts giving rise to this rule briefly are as follows. The Maharaj Kumari Binodini Devi of Manipur deposited the sum of Rs. 5,000 [rupees five thousand only] as a fixed deposit for six months in the Calcutta Mercantile Bank Limited at the Nabadwip Branch. Six months expired on 5th February 1947. On 6th of that month Maharaj Kumari Binodini Devi send her agent, Paresh Chandra Bhowmik, who is the complainant in this case, to get back the money deposited as the date of maturity had passed. Bhowmik appeared at the Nabadwip Branch of the Bank but he was told that there was no money there and he was asked to come to Calcutta to take money. On 7th February 1947, Bhowmik came to the Calcutta Head Office and he was pat off for a week. He went to the tank from time to time and payment was deferred. Finally, on 25th February 1947, he went to the Bank and insisted on payment saying that he would not leave the bank until he was paid. The fixed deposit receipt was taken from hi