(1.) This First Miscellaneous Appeal at the instance of a judgment debtor in an ex parte money decree is directed against order dated 10.7.2002 passed by the Joint District Judge, third Court, Dhaka in Miscellaneous Case No.52 of 2000 dismissing the same for default. The Miscellaneous Case was filed under Order IX rule XIII of the Code of Civil Procedure for restoration of the money suit on setting aside the ex parte decree.