- (1.) This is a defendant's First Appeal under Section 96 of the Code of Civil Procedure.
(2.) Sri Sharad Malviya learned counsel for the defendant appellant (State Bank of India) as also Sri K.N. Roy learned counsel on behalf of the plaintiff respondent have been heard at length.
(3.) The plaintiff respondent filed a Suit no. 96 of 1986 (Lakhi Chand Prasad Vs State Bank of India and Others) before the court of II nd Additional District Judge, Ballia for recovery of Rs. 19,668/- along with interest and 10 percent as compensation. The facts of the case pleaded by the plaintiff respondent were that he lives in District Ballia and doing his business there. He has opened a Savings Bank Account in his name being Account no. 4162 in the State Bank of India, City Branch, Ballia where he used to deposit and withdraw moneys from time to time. On 13.8.1984 he withdrew Rs. 5000/- by filling and signing the withdrawal form and gave his Bank Pass Book for making the necessary entry but was told to come later on to collect his Pass Book because there was rush of customers in the Bank. When he went to collect the Pass Book in the evening the defendant no. 2 Anil Kumar who was employee of the Bank told the plaintiff to come and collect the Pass Book on the next date. On 18.8.1984 the plaintiff respondent went the Bank to deposit moneys in his other account with the Bank and asked the employee of the Bank Sri Anil Kumar to give him his Pass Book of the Savings Bank Account. When he received the Pass Book of his Savings Bank Account no. 4162 he found that on the very date i.e. 18.8.1984 a sum of Rs. 15,000/- had been withdrawn from his Savings Bank Account and entered in his Pass Book. According to the plaintiff he has not withdrawn the amount and immediately he approached the Branch Manager who took the Pass Book and issued receipt of the same and assured that necessary action will be taken whereafter the Pass Book will be returned. The plaintiff alleges that on the very same date i.e. 18.8.1984 he lodged First Information Report in Police Station Kotwali, District Ballia where the police authorities also took his specimen signature and got it examined from the handwriting and finger print expert. The plaintiff alleges that he gave notice dated 15.7.1985 and 24.6.1986 to the Bank which was replied by its letter dated 9.7.1986 denying the allegations of the plaintiff regarding fraud played upon him. The Bank stated that the plaintiff had withdrawn Rs. 15,000/- from his own account on 18.8.1984. Consequently, the plaintiff filed the instant suit for recovery and damages.;