JUDGMENT :

Heard the learned senior counsel for the appellant but no one turns up on behalf of respondents in spite of repeated calls, hence, this appeal is heard ex-parte against the respondents.

2. This Second Appeal under Section 100 of the Code of Civil Procedure is preferred against the judgment and decree dated 29.01.2005 passed by learned Additional District Judge, (Fast Track Court No. II), Civil Court, Gumla in Title Appeal no. 21 of 1998 whereby and whereunder, in a judgment of concurrence, learned First Appellate Court has dismissed the appeal on contest without costs and confirmed the judgment and decree passed by the Learned Subordinate Judge, III, Gumla in Title (Money) Suit No. 12 of 1990 by which learned Subordinate Judge III, Gumla decreed the suit of the plaintiff and declared that the deduction of Rs. 10,765.52/- and Rs. 24,030.70/- from the D.B.Account of the plaintiff by defendant no. 2 on 11.03.1983 and 23.02.1989 respectively is illegal and not binding upon the plaintiff and also held that the plaintiff is entitled to withdraw the deducted amount from his D.B. account with the bank with simple interest @ 5% per annum from the date of filing of the suit till rec