S. Saghir Ahmad, J. - (1.) The appellant was defendant No. 1 in a suit filed by respondent No. 1 for recovery of a sum of Rs. 7,000/- together with damages (Rs. 1400/-) in the trial Court which was dismissed as against him but was decreed against the second defendant, namely respondent No. 2 who, incidentally, also is the natural father of respondent No. 1 who was subsequently adopted by his maternal grandfather.
(2.) Respondent No. 1 had a current account in the Central Bank of India Limited, Sambalpur Branch which was also operated by his natural father, namely, respondent No.2.
(3.) According to the facts set out in the plaint, respondent No. 1 was registered as a money lender in October, 1958 and in that capacity he used to advance loan through his natural father to different persons out of his account in the Bank which, as pointed out above, was also operated by his natural father. On the expiry of the licence he did not get it renewed but the authority of his natural father (defendant No. 2) to operate the accounts continued and taking advantage of this authority defendant (respondent) No. 2, on the persuasion of the appellant, issued a cheque for Rs. 7,000/- on the current account of respondent No. 1 on 29-4-1964 which was encashed by the appellant. This amount was not paid back by the appellant in spite of repeated demands and, therefore, the suit was filed both against the appellant as also respondent No. 2 who had issued the cheque to the appellant.;