(1.) This is an appeal filed under Rule 29 of the Rules of Administration of Justice and Police in Nagaland read with Order 43, Rule 1(d) of Sec. 104 of Code of Civil Procedure against the impugned order dated 27.8.2008 passed by Addl. District and Session Judge, Dimapur, by which the application filed by the appellants, Union of India represented by the N.E Railways, under Order 9, Rule 13 of Code of Civil Procedure for setting aside ex-parte decree passed in Suit No. 15/2007 was rejected.
(2.) Heard Mr. B.N. Sarmah, learned Counsel for the appellant and Mr. M. Wabang, learned Counsel appearing on behalf of the respondents.
(3.) The facts leading to the filing of this appeal may be narrated in brief as follows: