NOSHIR S. JALL Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) The appellant has filed this appeal against the judgment and decree dated 25.9.1990 passed by II Additional Judge, Neemuch to the Court of District Judge, Mandsaur in Civil Suit No. 25-B/1989 for a sum of Rs. 19,316.15 ps. alongwith interest thereon.

(2.) Assailing the decree, the contention of the learned Counsel for the appellant is that the Court has wrongly granted the decree for a sum of Rs. 19,316.15 ps. and has also wrongly granted interest and has not considered that the suit was barred by limitation.

(3.) In short the facts of the case are that the respondent Bank filed a suit for recovery of Rs. 20.941.15 ps. against the appellant on the ground that the appellant was having one Current Account No. 293 in the Bank from 6.7.1976 and the same was closed on 16.12.1982 but when the appellant was having the current account in the respondent Bank, there were some totalling mistakes in the account of the appellant which were discovered in the year 1983 and after the correction of those mistakes, it was discovered that a sum of Rs. 8,561.07 ps. was wrongly credited and found due and recoverable from the appellant and which was debited to his account on 13.4.1983 after re-opening of the account. The Trial Court found the suit within time and decreed the suit against the appellant for a sum of Rs. 19,316.15 ps. with interest.