(February 17, 1982) 1982 (TLS)102672

1982-DLT-21-323 :: 1982-RLR-0-287

NAND GOPAL BACCHAS Vs. Bank of India

B. N. Kirpal, J.

( 1 ) THE respondent had filed suit for the recovery of Rs. 96,869-09 against the petitioner herein. Time was granted to the present petitioners to file their written statement.

( 2 ) THE petitioners herein did not file the written statement but moved two applications, one under Order 7 Rules 9 and 14 read with Section 151 Civil Procedure Code. and another under Sections 6, 17 and 23 of the Court Fees Act. The Additional District judge in his judgment dated 2nd September, 1981 observed that despite time having been granted the defendants-petitioners-herein, had not filed their written statement. The Additional District judge proceeded under Order 8 Rule 10 and, taking the allegations in the plaint to be correct, he pronounced the judgment against the defendants. The Additional District Judge observed " I grant to the plaintiffs a decree for the recovery ofrs. 869-09 ps. with costs of the suit. "

( 3 ) THE aforesaid order is new sought to be challenged in the present Petition under Section 115 C. P. C.

( 4 ) IT was put to the learned counsel for t