BILLHOUR COLD STORAGE Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the appellants.

(2.) In this F. A. F. O., order dated October 7, 1996, rejecting the application made by the appellants under Order 9, Rule 13 of the Civil Procedure Code, 1908, read with Section 151 of the Civil Procedure Code, 1908, has been impugned.

(3.) Learned counsel for the appellants submits that the court below wrongly exercised the discretion vested in it under Order 17, Rule 2 of the Civil Procedure Code, 1908. The suit was filed by the Central Bank against the appellants for recovery of the amount of loan. It is stated by counsel for the appellants that the evidence between the parties was over and then May 29, 1995, was fixed for arguments. On that date neither the appellants nor their counsel put in appearance and then the court below decided the suit on merits. Order 17, Rule 2 and the Explanation thereto runs as follows :