S. C. MOHAPATRA, J.

( 1 ) PLAINTIFF is the petitioner against an appellate judgement confirming the decision of the trial court. In view of bar of a second appeal under S. 102 of Civil P. C. this civil revision has been filed.

( 2 ) THE case of the plaintiff is that the defendant drew Rs. 2,000/- on the basis of a cheque from his personal account although he had no funds available in that account for which the overdraw was permitted. In spite of demand, the same not having been repaid, the suit was filed for recovery of Rs. 2,000/- as principal amount and Rs. 979. 39 paise towards interest.

( 3 ) THE case of the defendant is that he had two accounts in the bank. One current account was in his own name and the other current account was in the name of the partnership firm of which he was a partner, His case was that in the partnership account there was enough money and the amount was really intended to be drawn from that account and there was no necessity for permitting the overdrawal from his own account where there was no money.

( 4 ) THE trial court applied the principle decided in the case reported in AIR 1967 SC 1058 (Chandradhar Goswami v. Gauhati Bank Limited) and held that