SHRI PRAHLAD KUMAR OJHA Vs. UNITED INDUSTRIAL BANK LIMITED

JUDGEMENT

(1.) First Appeal No. 38 of 1989 and Cross Objection No. 4 of 1990 are from the decree and judgment made on 20.4.88 by the Assistant District Judge (1), Gauhati in Money Suit No. 135 of 1982.

(2.) The suit was filed by the plaintiff-bank for recovery of a sum of Rs. 1, 61, 015.28 against 5 defendants. After 5 adjournments, 20.4.88 was fixed for filing of written statements by the defendants. On 20.4.88 also the defendants did not file their written statement, but an application was made on behalf of the defendants for fixing another date to file written statement stating that written statement was ready but it could not be signed as the party who went Rajasthan could not come back from there due to the death of party's wife. The trial Court refused to grant time and pronounced judgment exercising its power under Order 8, Rule 10 decreeing the suit against all the defendants. Being aggrieved by the decree, one of the defendants, namely, Prahlad Kumar Ojha filed the appeal against the plaintiff-bank. The other defendants had not filed appeal nor had they been impleaded as parties nor respondents to the appeal although the suit was decreed against all the defendants. The plaintiff-bank filed the Cross Objection for enhancement of interest.

(3.) Order 8 Rule 10, Code of Civil Procedure reads :