Gopal Sri Ram JCA:

[1] This case has a long and chequered history. However, the record provided has none of the relevant cause papers nor indeed a complete chronology of all the relevant events that transpired in the action. We have therefore, ex abundanti cautela, and in the interests of justice, called for and examined some of the cause papers and the minutes in the files of the two civil suits to ascertain what had actually transpired between the date of issue of the writ and the more recent events to which the appellant has attempted to restrict us in the consideration of this appeal.

[2] It all began when, in 1982, the appellant (whom we shall, throughout this judgment, refer to as "the Bank") issued a writ against the respondents in Civil Suit No: 127/82. Initially, the Bank displayed a great deal of interest in the matter. It obtained several orders, including an order for early trial. That order was made by Ajaib Singh J (as he then was) as long ago as 2 July 1982. Later that year, on 20 November 1982, the Bank obtained an order for directions, including an order consolidating Suit 127/82 with Suit 135/82. But the Bank's initial interest in the matter appears to have