- (1.) The matter in hand though a petty one yet is of great importance.
(2.) State Bank of India instituted a suit for the recovery of a huge amount of Rs. 78, 63, 385.72/- against the defendants, apparently in the month of August 1991. All the three defendants seem to have been represented by their counsel. On 16/07/1993, when the impugned order was passed, defendant No. 3, made an application for adjournment of the case. Learned trial court, however, by order under revision dismissed the application and struck off the defence by, inter alia, observing as under: "This was the last opportunity for filing of written statement. On 15-6-1993, the learned counsel for the defendant had made a statement that the written statement will be filed today i.e. on 16-7-1993 at his own responsibility and in default, the defence will be treated as struck of. The defendants are bound by the statement made by their counsel. Moreover, three last opportunities have been granted for filing of written statement. As many as nine opportunities have been granted to the defendants for filing the written statement. About a year has already lapsed after the appearance of the defendants for filing the written statement. Keeping in view the circumstances mentioned, the application moved on behalf of the defendants for adjournment of the case is hereby dismissed. The defence is hereby struck of. To come upon 2-9-1993 for P.Ws." After dismissing the application and striking off the defence, the case was posted for plaintiff' evidence. Aggrieved by the said order, the defendants have approached this Court.
(3.) Learned counsel for the petitioners on the first date of hearing i.e. August 25, 1993 sought time to have instructions to the effect, whether the defendants were ready and willing to furnish security for the entire amount claimed in the suit, or to deposit half of the amount, or to undertake to deposit rupees one lac towards costs in order to seek an opportunity to file written statement and the matter was adjourned for today. The learned counsel today informed the court that the petitioners were not prepared to adopt either of the three courses for which time was sought on 25/08/1993. Ultimately, learned counsel for the petitioners has been heard.;