1. The above appeal and the Memorandum of cross - objections are filed against the judgment and decree in O. S. No. 58/1 of 1955 on the file of the Second Additional Judge City Civil Court, Hyderabad.

2. The plaintiff, the Commercial and Industrial Bank Ltd., is the appellant in this appeal. The suit was filed to recover I. G. Rupee 5,078-0-7 equivalent to H. S. Rs. 5,927-6-0 from the defendants. The plaintiff's case is shortly as follows. The plaintiff is a limited bank. The defendants dealt in shares for which they required money from time to time. They arranged for overdraft accounts in I. G. and H. S currency in the plaintiff - bank agreeing to pay interest at 6 per cent per annum on the overdraft amounts.
As security for the amounts thus drawn, the defendants used to deposit shares of different companies from time to time and also used to take back the shares by making payments. On 28-1-46, the defendants paid the balance due under the O. S. overdraft account and took a return of all the shares which were kept with them in the plaintiff - bank as security. They also executed a receipt specifying therein that all the entries made in the pass - book relating to the deposit and wit