( 1 ) FACTS giving rise to this application under Order 9 Rule 13 read with section 151 Civil Procedure Code the Code are as under : The Traders Bank Ltd. (the plaintiff) had filed a suit on 16th September 1982 for recovery of Rs. 1,11,085. 00 against the applicant/defendant. It was alleged that the defendant had taken over draft facility and the above said amount was due to the plaintiff from the defendant on the date of the filing of the suit which the defendant failed to pay inspite of demands and notices.

( 2 ) NOTICE of the suit was issued to the applicantidefendant for 12th November, 1982. The notice was duly served and on 12th November, 1982 Shri Amarjit Singh, advocate appeared on behalf of the defendant before the Deputy Registrar and sought six week s time for filing the written statement and as such the case was adjourned to 14th January, 1983. On 14th January, 1983, the learned counsel for the defendant sought four weeks further time for filing the written statement and the request was allowed. The case was adjourned to 10th March, 1983. Thereafter more opportunities were taken and the case ultimately came before Sultan Singh, J. on 9th November, 1983 and