Bose, J. - (1.) This is a suit for a declaration that the accounts of the plaintiffs with the defendant No. 1 have been improperly debited with, and the plaintiffs are not liable for, the sum of Rs. 2,34,081/- or any portion thereof and in the alternative for a decree against the defendants Nos. 1, 2 and 3 for RS. 2,34,081/- for wrongful conversion or for moneys had and received or for damages.
(2.) The case of the plaintiffs is that the plaintiffs had at all material times an account with the defendant No. 1, the Chartered Bank of India, Australia and China. The terms and conditions of the account inter alia were that: (a) The defendant No. 1 would collect the cheque in the name of the plaintiff No. 1 or in the names of the plaintiffs jointly and credit the amounts collected to the said account. (b) The defendant No. 1 would up to limits fixed from time to time, advance monies by way of overdraft against approved shares and securities held in the names of the plaintiffs. (c) The account would be operated by the plaintiff No. 1 during his lifetime and after his death by plaintiff No. 2. (d) The defendant No. 1 would charge Interest at the usual rate, and commission.
(3.) The defendant No. I held in deposit various shares and securities belonging to the plaintiffs against the said overdraft account but prior to July 1946 these shares and securities were not considered sufficient for the purpose of allowing an overdraft to the extent of Rs. 70,000/-and the defendant No. 1 declined to allow any overdraft to the extent of Rs. 70,000/- unless other approved securities were deposited. But no other securities were in fact deposited.;