Indermeet Kaur, J.

This appeal has impugned the judgment and decree dated 05.2.2004 which has reversed the finding of the trial judge dated 17.3.1998. Vide judgment and decree dated 17.3.1998 the suit filed by the plaintiff i.e. UCO Bank had been dismissed. Vide the impugned judgment the finding of the trial judge was reversed and the suit of the plaintiff stood decreed.

2. plaintiff had filed a suit for recovery of Rs. 51,850/- against three Defendants. Defendant No. 2 was the proprietor of Defendant No. 1. His account was introduced by Defendant No.

3. Defendant No. 2 had requested for availing temporary over-draft facility which was permitted. Defendant No. 2 had pledged his FDR in the sum of Rs. 1,00,000/- which was jointly in his name and in the name of his wife in the account of Defendant No. 3 and requisite formalities had been completed by Defendants No. 2 and 3 in this regard. Defendant No. 3 availed over-draft facility on the strength of this FDR which was in the joint names of Defendant No. 2 and his wife. Since the account of the Defendant No. 3 was outstanding and he had failed to regularize it in spite of requests, the proceeds of the aforenoted FDR which was i