The point in this civil miscellaneous appeal is whether the decree dated 22.11.2012 passed in O.S. No.232 of 2011 on the file of the Court of Senior Civil Judge, Bapatla can be treated as an ex parte decree and if so whether there is a sufficient cause to set aside the same.

2. The circumstances which led to the filing of this appeal giving rise to the above point can be stated thus. The suit O.S.No.232 of 2011 has been filed by the respondent herein for recovery of money based on a promissory note. The judgment would show that the plaintiff herself gave evidence as P.W.1 and also examined P.W.2 who is an attestor of the promissory note, which is marked as Ex.A1 in support of her case in the suit. No evidence was let in on behalf of the defendant and it seems that he did not even appear in the matter. The trial Court after considering the matter by its judgment dated 22.11.2012 proceeded to decree the suit on merits.

3. Thereafter the defendant filed an interlocutory application purporting to be under Rule13 of Order IX of Order XVII of the Code Of Civil Procedure, 1908 (CPC) to set aside the above decree on the plea that it is an ex parte decree and pleading illhealth wa