1. The Bank of India had filed a suit for recovery of Rs. 54,32,677.01 in this Court more than twenty years ago. This suit was later transferred to the Court of Additional District Judge (Bank Cases) Jammu, for its disposal.

2. Taking note of earlier interim orders passed during the currency of the suit, the trial Court, vide its order of August 10, 2007, had allowed opportunity to the petitioner- defendant to deposit Rs. 10,000/- as diet money for its out-station witnesses appearing at serial nos. 5 to 10, 14, 20 and 21 of the list of witnesses, and Rs. 1500/- each for rest of its witnesses who had to come from Jammu.

3. Petitioner-defendant did not comply with this order as a result whereof the petitioners right to summon its witnesses through the process of the Court was closed. The petitioner was, however, permitted to produce its witnesses on its own.

4. Questioning the trial Courts orders dated August 10, 2007 and September 10, 2007, petitioners counsel submits that as the trial Court had earlier accepted Rs. 100/- as diet money of the ex-station witnesses, its order of August 10, 2007 was not justified, because no provision of the Code of Civil Procedure may permit such a cours

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