R.N.Sahay, J.

1. These first appeal and civil revision application have been heard together since the same order has been challenged both in appeal and civil revision.

2. The brief facts for disposal of these matters are as follows:

Hazaribagh Central Co-operative Bank Ltd., Hazaribagh (appellant in the fire appeal and petitioner in civil revision) (hereinafter to be referred to as the plaintiff) filed Money Suit No. 86/73 in the court of Subordinate Judge, Hazaribagh against one Md. Hafiz and Md. Rafique (to be referred to as the defendants) who were own brothers. Defendant No. 1 Md. Hafiz died during the pendency of the suit and his heirs have been substituted. The defendants deal in ready-made garments under the name and style of M/s. Bangalore Dresses in the town of Hazaribagh. The plaintiff had advanced a loan of Rs. 45,286.49 to the defendants which was not repaid. The defendants on receiving summons appeared and applied for time to file written statement, but despite several adjournments, no written statement was filed. The defendants have filed a petition challenging the maintainability of the suit. The plaintiff by way of abundant caution, filed a petition on 20.12