D.C. MANGALRAJ Vs. INDIAN BANK

JUDGEMENT

(1.) THIS is an application under Order XIV, Rule 8 of the original side rules read with Order IX, Rule 13 of the Code of Civil Procedure, 1908, to set aside the ex parte decree dated June 20, 2001, in C.S. No. 566 of 1993.

(2.) THE respondent Indian Bank, as plaintiff has filed the suit for recovery of a sum of Rs. 4,11,389 against the applicant/defendant and against his property also, since it appears, he had executed a mortgage deed, seeking preliminary decree, to be followed by final decree for the sale of the hypotheca.

(3.) AS submitted before this court, though a preliminary decree has been passed on June 20, 2001, no final decree proceeding has been initiated, as mandated under law. However, the applicant/defendant, realising the consequences of the ex parte decree, has filed this application before this Court to set aside the ex parte decree.