( 1 ) THIS appeal is filed against an order passed by the learned single Judge on 27/02/1997 in Special Civil Application No. 8588 of 1996.

( 2 ) FEW relevant facts for deciding this Letters Patent Appeal may now be stated : 2. 1 The appellant is Bank of India ("bank" for short ). It filed Special Civil suit No. 89 of 1985 in the Court of Civil Judge (S. D.), Godhra for recovery of amount of Rs. 82,18,857. 02 ps. with interest and costs. It was against the respondent nos. 1 to 3. During pendency of the suit, it appears that some arrangement was arrived at between the debtors, i. e. , respondent Nos. 1 to 3 and Sunglow Metals private Limited, Respondent No. 5 herein, pursuant to which an application was made by the said Sunglow Metals Private Limited before the learned Civil Judge to be joined as party to the suit. Likewise, the respondent No. 1 also made an application under Order 23 Rule 3 of the Code of Civil Procedure, 1908 stating therein that a settlement between defendant Nos. 1 to 3 and Sunglow Metals Private Limited which was accepted by the Bank. On the basis of the said compromise and settlement, a decree was to be passed. In the meanwhile, however, durin