- (1.) M/s Corporation Bank instituted a civil suit for recovery of Rs. 72,058.62 p. against the defendants. It had been pleaded in the plaint that upon request by the defendants Industry, the plaintiff-Bank accorded facility of over-draft in their favour; and that, after May 3, 1985, the defendants did not redeem the amount allowed to be drawn under the said facility of over-draft, and thereby till 31.12.1985, in all a sum of Rs. 67,918.62p. was outstanding in the over-draft facility and it raised to Rs. 72,058.62p. on the date of filing of the suit. The interest @ 19% p. a. has also been claimed over the due amount in the suit.
(2.) Admittedly, no written statement to the plaint has been filed on behalf of the defendants on one reason or the others till 20.11.1987. Pertinently to mention here that the trial Court ordered on 17.9.87 directing the defendants to submit their written statement by 17.10.1987 (next date fixed by it) failing which it would proceed under 0.8 R.10, C.P.C. However, on 17.10.87, on behalf of the defendants their counsel appeared and prayed for adjournment to file written statement which was opposed on behalf of the plaintiff but the the trial Court allowed time to do so awarding costs at Rs. 200/- and the case was adjourned to 20.11.1987.
(3.) On November 20, 1987, the trial Court proceeded under Order 8, R. 10, C.P.C. against defendant No. 1 Industry and then heard the plaintiff and under its judgment under challenge in this appeal, decreed the plaintiff's suit. Hence this appeal.;