' JAWWAD S. KHAWAJA, J.---This appeal impugns the judgment and decree dated 17-4-2001, which was amended by order dated 9-7-2001.
2. The case of the appellants-defendants is that the amendment in the original decree, whereby a sum of Rs,9,96,301.28, was added to the original decretal amount of Rs,5,21,503, was not legally sustainable.
3. The facts of this case are straightforward. The respondent-Bank filed a suit against the appellants seeking recovery of a sum of Rs,13,18,171.58 together with mark-up thereon at the agreed rate. The appellants-defendants filed an application seeking leave to appear and defend. However, on 20-3-2001, the respondent-Bank was directed to file in Court a complete statement of accounts as required by the Bankers' Books Evidence Act. This was done on 11-4-2001.
4. The application seeking leave to appear and defend was dismissed by the learned Banking Court on 17-4-2001. A judgment in terms of the plaint for the amount set out in the statement of accounts was intended to be passed by the learned Banking Court. However, we note that instead of decreeing the suit of the Bank for the principal amount and the mark-up thereon, the learned Banking Court passed a decree for Rs,5,21,503.17, which was the amount of mark-up only. The amount of Rs,9,96,301.28, which was the principal amount of the debt owed by the appellants- defendants, was not included in the decree.
5. The judgment in its terms is clear. We have no doubt whatsoever that it was only on account of non-calculation of the principal amount that the decree was originally passed for a sum of Rs,5,21,503.17, only.
6. Faced with the above situation, learned counsel for the appellants states that even in the plaint the amount prayed for by the Bank was Rs,13,18,171.58 together with mark-up thereon. The learned Banking Court through the aforesaid amendment passed a decree for Rs, 15,17,804.45 together with mark-up and other charges thereon.
' In the foregoing circumstances, we modify the impugned decree and decree the suit of the respondent-Bank for a sum of Rs,13,18,171.58 together with mark-up thereon from 29-4-2000 onwards.
' The appeal is decided in the above terms.