Abn Amro Bank, N V v. Conmix (Pvt) Ltd. and Others – sllr 1996 volume 1 page 008

Brief
In the case between ABN-AMRO Bank N. V. (plaintiff) and Conmix (Private) Limited and others (defendants), the court addressed whether an order for ex parte trial is justified when a defendant fails to file an answer on the stipulated dates. The court held that an ex parte trial may be ordered even if the default in filing an answer arises from inadvertence, provided that due notice was given, and established that continuous default justifies proceeding ex parte. This reaffirmed the principle that “default” encompasses both wilful refusal and inadvertent omission, and that district courts have the discretion to fix ex parte trial dates independently of the returnable date of summons. The decision referenced relevant statutory provisions, specifically Section 84 of the Civil Procedure