( 1 ) HEARD Sri R. Prabhakar, Advocate representing Sri Srinivasulu, learned counsel for the appellant and Sri Praveen Kumar representing Sri Vilas Afjul Purkar, learned counsel for the respondent.

( 2 ) THE appellant is the 25th defendant and the respondent - M/s. The Vysya Bank Limited - is the plaintiff in O. S. No. 289 of 1978 on the file of the Principal Subordinate Judge, Guntur.

( 3 ) THE only question that was raised by the learned counsel for the appellant-25th defendant is whether the appellant-25th defendant is entitled to grant of compensatory costs under Section 35-A C. P. C. ?

( 4 ) IN view of the fact that the arguments are advanced only on this simple question, all factual details need not be discussed at length. The respondent-bank filed the said O. S. No. 289 of 1978 against the appellant-25th defendant and other defendants for recovery of a sum of Rs. 9,82,862-59 ps. and for passing of preliminary decree and other reliefs. The appellant-25th defendant filed written statement to the effect that he did not execute the guarantee bond either on 2-9-1975 or on any other date as alleged in the plaint; that he never executed any other document as allege