JUDGMENT

1. In this second appeal the plaintiff is the appellant, and he instituted the suit under the following circumstances:

2. He is a contractor under the District Board of Chittagong and for some work done by him for the District Board he was given a cheque for Rs. 1,091-12-9 by the Vice-Chairman, on the 3rd April, 1905. The District Board funds are kept in the Government Treasury at Chittagong. The plaintiff went to the Treasury for the money covered by the cheque. Defendant No. 2 was the head poddar in the Treasury and defendant No. 3 was a mohurrir there. It appears that the cheque was passed by the Accountant on its presentation by the plaintiff and it was then presented by him to the Treasurer who after obtaining the necessary orders of the Treasury Officer made it over to defendant No. 3, who in his turn, took plaintiff's signature in a receipt book in anticipation of payment and told him to apply a little later to defendant No. 2 for the money. The plaintiff says that a little after he went for the money to the defendant No. 2. Bat this defendant instead of paying the money told him that it had been paid to the payee. On the above facts the plaintiff sued the defendants