( 1 ) THIS suit for the recovery of Rs. 2,20,138. 62 on the "basis of mortgaged property" was filed in 1982. After several unsuccessful attempts to serve the defendants in the ordinary manner, this was finally achieved by publication in the Statesman for 14. 12. 1983. The defendants were proceeded ex-parte on that date, as no appearance was entered on their behalf. No efforts have been made to have these orders set aside, or to seek leave to file a written statement, although Mr. V. K. Jain, Advocate, has appeared for defendant No. 1 on several dates of hearing and has even conducted the cross-examination of the Bank s witnesses.

( 2 ) SINCE no written statement has been filed by virtue of Order VIII, Rule 10 it was open to the Court to pronounce judgment against the defendants or make such orders in relation to the suit as it thought fit. Despite the fact that the defendants were proceeded ex-parte on two occasions, this summary procedure was not resorted to by the Court. Shri G. S. Matta, Manager, Regional Office of the plaintiff Bank has been examined. He has deposed that Cash Credit Limited of Rs. 80,000. 00 has been disbursed to defendant No. 1 by Roop Nagar Bran