' Masood Shehryar, Advocate stated that he had instructions from defendants Nos. 2 to 6 and 8 to appear on their behalf and, therefore, gave undertaking to file Vakalatnama which however has not been received by him as the defendant are out of country. The defendant No. 7 though served is absent.
2. On behalf of the defendant No. 1 who is represented by Mr. Niaz Ahmed, Provisional Liquidator appointed by order passed on 8-6-1981 in Judicial Miscellaneous No. 8 of 1981, has filed an application under Order XXXVII, rule 3, C.P.C. for grant of leave unconditionally to appear and defend the suit. In support of the application Mr. Niaz Ahmed has filed his own affidavit a perusal of 'which however shows that the claim in the suit has not been denied. In this application no triable issues have been disclosed.
' It is conceded by the learned counsel for the defendant No. 1 that the plaintiff has obtained permission of the Court to file the suit and that such a fact has been pleaded in paras. 11 and 12 of the plaint. Certified copy of the relevant order has also been produced as Annexure 'G' to the plaint.
' In view of the above circumstances being of the opinion that the affidavit filed by the defendant No. 1 does not disclose facts as would make it incumbent upon the plaintiff to prove consideration or to rebut the statement of facts mentioned in the plaint, the application for leave to defened the suit filed by the defendant No. 1 is rejected.
3. Mr. Masood Shehryar, Advocate who had instruction from defendants Nos. 2 to 6 and 8 has neither filed his power for the said defendents nor any application for leave to defend has been moved by the said defendants. The time prescribed by the law to make such an application having expired, the statement of facts made in the plaint are deemed to have been admitted by them.
4. Defendant No. 7 though served has also chosen to remain absent. She has also not filed any application seeking permission to appear an defend the suit. In her case, also, time for making such an application has expired in the circumstances, the facts stated in the plaint as t her liability are also deemed to have been admitted.
5. For the reasons stated above the suit against all the defendent is decreed as prayed. Preliminary decree in Form 5-A Appendix 'D shall also be drawn up against the mortgagor, the defendant No. Against the other defendants the suit is decreed for Rs.10,30,530.85 All the defendants shall be liable to pay the decretal amount joint and severally.
The plaintiff shall also be entitled to costs of the suit an interest at the rate to of 14% per annum with quarterly rests on the amount decreed as above from the date of suit till payment.