KUVARP INDUSTRIES BANGALORE Vs. STATE BANK OF MYSORE

JUDGEMENT

(1.) This is a Miscellaneous First Appeal by the defendants against the order D/-16-10-1981 passed by the 13th Additional City Civil Judge, Bangalore City, in Misc. No. 407/81 dismissing the petition filed under O.9, R.13, C.P.C. by the defendants.

(2.) The respondent Bank filed a suit in O.S. No. 96/1977 on the file of the Principal Civil Judge, Bangalore, for recovery of the amount from the defendants. The defendants appeared before the court below on 8-8-1977 and also had engaged a counsel. The defendants took as many as 8 adjournments to file the written statement. The case was posted to 10-1-1978 for filing the written statement. Even on that day, the defendants did not file the written statement. Thus the Court proceeded under O.8, R.10, C.P.C. and passed the judgment and decree. The defendants filed an application under O.9, R.13, C.P.C. alleging that their lawyer wanted to file an application calling for better particulars and the Court did not permit them to file and so the case was posted later on on the same day for filing the written statement. At the adjourned time, the defendants were absent and thus the Court proceeded to pass the judgment in the absence of the defendants.

(3.) The court below dismissed the petition. Hence the Miscellaneous First Appeal by the defendants.