Venkatadri, J.

1. This civil revision Petition belongs to the unfortunate class of cases in which the courts have to decide which of the two innocent parties has to suffer for the fraud of a third party.

2. The petitioner is a Co-operative Bank doing banking business. The respondent is a lady who had dealings with the bank from the year 1952. She made two fixed deposits with the bank one for a sum of Rs. 2300 on 24-1-1955 and another for a sum of Rs. 550 on 5-4-1952 for three years, the interest payable being 5 per cent per annum. The fixed deposit receipts bearing Nos. 1293 and 1192 respectively were issued to her by the secretary. As she did not receive interest once in six months as per the rules of the bank, she issued a notice calling upon the bank to pay the interest accrued due on the said two deposits.

The petitioner (bank) promptly denied its lability and replied to her letter stating that only a sum of Rs. 1000 had been deposited under fixed deposit receipt No. 1223. The respondent filed the suit SC No. 926 of 1956 for a decree directing the bank to pay Rs. 237-8-0 for the interest accrued due on the fixed deposits. The petitioner, who was the defendant in the suit,