Ray, J. - (1.) The plaintiff instituted this suit against the defendants Lloyds Bank and Indian Airlines Corporation for a declaration that the defendant Lloyds Bank Ltd. has wrongfully debited the plaintiff's current account mentioned in the plaint with the sum of Rs. 1,86,491-3-0, for further declaration that the said sum of Rs. 1,86,491-3-0 is duo and owing by the defendant Lloyds Bunk Ltd. to the plaintiff on the said account and injunction ordering the defendant Lloyds Bank Ltd. to credit the said account of the plaintiff with the said sum of Rs. 1,86,491-3-0 and if necessary a decree for the said sum of Rs. 1,86,491-3-0 with in-terest as against the defendant Lloyds Bank Ltd., or in the alternative, decree for Rs. 1,86,491-3-0 against the second defendant Indian Airlines Corporation.
(2.) The suit was instituted on 19th November, 1956.
(3.) The plaintiff's case in short is that the plaintiff had a current cash credit account with the defendant Lloyds Bank Ltd. The plaintiff was a director of a company called Himalayan Aviation Ltd. The said company had an overdraft account with the defendant Lloyds Bank Ltd. The plaintiff guaranteed the due repayment by the said Company of its dues under the overdraft account. The Central Government by a notification appointed I August, 1953 as the appointed date under the Air Corporations Act, 1953. Under the Act the undertakings of existing air companies including that of Himalayan Aviation Ltd. vested in Indian Airlines Corporation.;