(delivering the judgment of the Court): In this appeal the facts are as follows. On October 2, 1963 the appellant was granted an overdraft facility by the respondent bank up to the limit of $25,000 and his late father on January 21, 1964 stood as surety for him by charging his lands in favour of the respondent as a collateral to the overdraft facility. The last entry in the appellant's account in respect of which the overdraft was granted was on September 8, 1965 when the appellant paid into the account a sum of $200. Since then the account became dormant and by December 26, 1972 the amount of debt together with accumulated interest owed to the respondent stood at $69,250.72. The appellant's father having died, his estate was managed by Official Administrator. On January 3, 1973 Messrs. Foo Say Ghee & Co. a firm of solicitors acting on behalf of the respondent sent a letter to Official Administrator demanding payment of this debt within 14 days, and a similar letter to the appellant. Subsequently as no payments were made by either Official Administrator or the appellant, the respondent applied for and obtained an order from the court by Originating Summons No. 109/19