JUDGMENT

1. The unsuccessful plaintiff has preferred this appeal challenging the judgment and decree passed by the learned District Judge, Dhenkanal in R.F.A. No. 43 of 2008 confirming the judgment and decree passed by the learned Additional Civil Judge (Senior Division) Dhenkanal in C.S.No. 274 of 2006 dismissing the suit of the plaintiff.

2. The plaintiff's suit is for recovery of sum of Rs. 78,026/-.from the defendant no.1 (respondent no.1) together with the interest at the rate of 18% per annum with effect from the date of maturity of the sum invested in fixed deposit accounts lying with the defendant no.2 till payment.

It is stated that the plaintiff's husband opened two fixed deposit accounts with the defendant no.2 in the name of the plaintiff each for sum of Rs.25,000/ - for a duration of five years and that money was given by the husband of the plaintiff from out of his retirement benefit which he received on superannuation of his service with Government. The accounts were opened on 10.12.2001 and its maturity date had been fixed to 10.12.2006 with the maturity value standing at Rs.39,013/- each totaling to Rs.Rs. 78,026/- for both. The plaintiffs husband after his retirement