( 1 ) THIS is a suit on behalf of the plaintiff-Bank under Order XXXVII CPC, seekingrecovery of Rs. 2,52,166. 20. 00 along with pendente lite interest.

( 2 ) THE suit arises from a claim by the plaintiff-Bank payable by the defendants forproviding Packing Credit Account facility of Rs. 1 lacs on 26. 5. 1981 and therafterfrom time to time when the defendants operated the account and the cause of actionarose in favour of the plaintiff on the failure of the defendants to clear the account. Thecause of action further arose on 25/06/1983 when the plaintiff remitted the Bankguarantee amount to Dacca and on 10. 2. 83, 12. 1. 83, 10. 1. 84 and on 14. 12. 85 whenthe defendants admitted the claim of the plaintiff-bank and failed to honour theircommitment of repayment.

( 3 ) THE defendants 1,3and4 had not put in their appearance despite service. Accordingly, an ex-parte decree for Rs. 2,52,166. 20 with costs alongwith interestwas passed on 28/04/1989infavourofthe plaintiff and against the defendants1,3 and 4. Subsequently a decree was passed against defendant No. 2 vide orderdated 12. 3. 1991. Thereafterdefendantno. 3 moved an application for setting asidethe ex-parte decree.