ORDER :- Sarda Debi, the plaintiff, instituted this suit against Pacific Garments the defendant, on or about the 29th of June, 1981, claiming, inter alia, a decree for Rs. 52,937.50 P. interest and costs.

2. The plaintiffs cause of action as appearing from the plaint is, inter alia, that the plaintiff lent and advanced to he defendants, a sum of Rs. 50,000 by a cheque dated the 8th April 1980 solely for the purpose of the business of the defendant. It was agreed that the defendant would repay the said sum with interest at the rate of 15% per annum.

3. On or about the 2nd Jan., 1981, the defendant made over to the plaintiff a cheque for Rs. 50,000 on Canara Bank towards repayment of the said loan. The said cheque was dishonoured by non-payment.

4. The present application of the plaintiff is on a summons dt. the 24th Aug., 1981 returnable on the 1st Sept., 1981 the plaintiff prays that a final judgment be passed against the defendant for the amount claimed in the suit with interest and costs.

5. It is a matter of record that the summons was served on the Advocate on record of the defendant on the 25th Aug. 1981. On the returnable date i.e. the 1st Sept. 1981 the defendant ap