JUDGMENT

These two appeals arise from the judgment and the decree in O.S.No.70 of 1996 on the file of Subordinate Judge, Hosdurg. The parties are referred to in this judgment as they appear in the plaint.

2. The first respondent in both appeals was the plaintiff. He was doing business in Abudabhi in United Arab Emirates. He maintained an NRE account with the first defendant bank, of which the second defendant was Manager of the Hosdurg branch. The plaintiff used to send money to his account from Abudhabi. He and the third defendant, who is his brother, were staying together in their house at their native place in Hosdurg taluk. On 22.3.1996 he went to the bank, when he realised that money had been withdrawn from his account unauthrorisedly. The enquiry revealed that on 11.8.1985 Rs.6,000/-, on 3.1.1986 Rs.15,000/- on 7.9.1990 Rs.60,000/- on 26.3.1993 Rs.50,000/- and on 22.4.1993 Rs.65,000/- was withdrawn from his account. The amounts were withdrawn by the third defendant by forging his signature in the cheque leaves of the cheque book he had kept at their house. The officers of the bank failed to verify the genuineness of the signatures in the cheques. There was lack of negligence on