P.B.Mukharji, J. - (1.) This suit is concerned with the effect of what may be called a contract in the nature of a fidelity bond or a guarantee. One Rajani Kanta Pal, since deceased, signed a bond with the Comilla Banking Corporation Limited now amalgamated with and represented by the United Bank of India Ltd. By this bond dated 8-8-1944 Rajani, in consideration of the appointment of his relation, the second defendant Nishikanta Pal, to the post of a cashier and in consideration of the security for the due discharge of Nishikanta's duties, executed as guarantor the security bond for Rs. 10,000/- for himself, his heirs, executors and assigns.
(2.) This suit is brought by Radha Kanta Pal, son of Rajani who died on 18-4-1945. In this suit the plaintiff claims against the Bank the 31/2 per cent. G. P. Note of 1900 No. 390435 for Rs. 5000/- and also another 31/2 per cent. G. P. Note of 1865 No. CA-010581 for Rs. 5000/-. These Government Promissory Notes were deposited with the Bank by Rajani as security under the said security bond. The plaintiff also claims interest on the first Government Promissory Note from 24-4-1939 and on the Second promissory note from 21-2-1944. There is an alternative claim for the sum of Rs. 10,000/- being the value of these two Government Promissory Notes and for the sum of Rs. 2289-1-6 being the interest at the rate of 31/2 per cent. per annum from the dates that I have just mentioned.
(3.) The basis of the plaintiff's claim is that the services of Nishikanta Pal were terminated on 4-12-1946, but the deposit money in the shape of the Government Promissory Notes has not been returned to the plaintiff.;