Lokeshwar Prasad, J. - (1.) This order will dispose of an application filed on behalf of the defendants under Order IX, Rule 7 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter refered to as 'the CPC').
(2.) The facts relevant for the disposal of the above mentioned application lie in a narrow compass. The plain tiff has filed thKe present suit against the defendants for the recovery of Rs. eighteen lacs. Alongwith the plaint, the plaintiff has also filed an application (IA 11768/95) under Order 39, Rules I and 2 read with Section 151, CPC for grant of an ainterim order/direction. Since the defendants did not appear despite service, the learned predecessor of this Court vide order dated 22nd January, 1996 directed the suit to proceed ex- parte against the above said defendants.
(3.) The defendants have filed the above mentioned application with a prayer that ex-parte proceedings initiated against the defendants vide order dated 22nd January, 1996 be set aside and the defendants be given the opportunity to file the written satement and to contest the case on merits.;