R. Banumathi, J.

1. Whether non-pursuance of application filed in Civil Suit Diary No.31908 of 2011 under Order IX, Rule 7 C.P.C. which was returned and not represented would amount to withdrawal/abandonment of the claim under Order XXIII, Rule 1 C.P.C. and would preclude the Defendants from filing a fresh application and whether there was improper exercise of discretion in allowing of application filed in A.No.524 of 2012 are the points falling for consideration in this appeal.

2. Appellant-Plaintiff having account with the 2nd Respondent-Defendant availed certain credit facilities. Appellant filed suit C.S.No.193 of 2009 claiming Rs.49,74,318.77 under various heads:- (i) Rs.14,23,329/-towards delayed booking of Forward contract dated 7.4.2006; (ii) Rs.3,19,651.84 towards delayed booking of Forward contract dated 26.11.2007; (iii) Rs.1,28,048.77 towards raising of interest rate for Term loan of Rs.1,00,00,000/-; (iv) Rs.14,49,444/-for Prepayment penalty charges to over draft account; (v) Rs.10,04,564.70 towards closure of accounts and (vi) Rs.70,000/-towards processing charges. Suit summons were served on the Defendants on 13.3.2009. Case was listed in the "Undefended Bo