- (1.) A decree for Rs. 8,32,260. 03 paise with costs has been passed by the Additional Senior Sub-Judge, Ludhiana, against the appellants by striking off their defence under Order 10, Rule 4 (2), C. P. C. The respondent bank has further been made entitled to recover this amount with interest at the rate of 18% from the date of the suit, i. e. , Mar. 14, 1980 to the date-of its realisation. The suit was tiled with the allegations that the bank provided the following credit facilities to the appellants : - (i) Pre-shipment advances; (ii) Packing credit (Shipping loan); (iii) Foreign Bills, Purchases, and (iv) Post-shipment loan; and the above noted amount was due to it on that account.
(2.) IN order to appreciate the respective contentions of the parties now it is just necessary to notice the interim orders that led to the striking off the defence of the appellants and the passing of, the decree in question. Their verbatim reproduction is as follows : -" (16-7-80) Present Counsel for the parties. Costs paid, written statement has been filed. To come up for replication and issues, admission and denial of documents and the statement of parties before issues. To come up on 30-7-1980. (30-7-80) Present : Counsel for the parties. Replication has been filed. For defendants' admission and denial of documents, counsel for the defendant states that he has not been able to inform his client of the adjournment to have been granted. To come up on 8-8-1980 for statement of parties on issues, of admission and denial of documents, (8-8-1980) Present: Counsel for the parties. It is started by counsel for both the parties that a talk for compromise is in progress and the date has been prayed for. To come up on 28-8-80 either for compromise or statements of parties before issues and admission and denial of documents, as already ordered : (28-8-80) Present: Counsel for the parties. Compromise not effected. None for the defendant has been produced for recording their statements. East opportunity is granted to the defendants to produce the defendants for recording their statements, and for admission and denial of document on t7-9-80. "
(3.) SINCE the defendants failed to appear in Court on the date fixed, i. e. , on Sept. 17, 1980, the impugned decree was passed. .;