LAWS(J&K)-2012-1-7

SHREE KRISHNA MOTORS Vs. STATE BANK OF INDIA

Decided On January 31, 2012
Shree Krishna Motors Appellant
V/S
STATE BANK OF INDIA Respondents

JUDGEMENT

(1.) This is a Civil First Appeal filed against the judgment and decree dated 27th of Sept 08, passed by the learned Additional District Judge (Bank Cases), Jammu.

(2.) Respondent instituted a suit for recovery of Rs. 23,93,216.38, with interest pendente lite and future against the appellants in the Court of learned Additional Judge (Bank Cases), Jammu, on 29th of Oct'07. Appellants responded to the notice issued by the learned Trial Court and filed written statement on 17th of May '08, and denied the liability that was sought to be fastened on them by the respondent in the Suit. The learned Trial Court, in pursuance to the mandate of Order 10 of Civil Procedure Code, directed the appellants/defendants to appear in person so as to enable the Court to examine them orally. When the appellants failed to appear in person, the learned Trial Court passed the impugned judgment on 27th of Sept 08, under Order 10 Rule 4(2) of CPC.

(3.) Heard learned counsel for the parties.