JUDGMENT - M.S. RANE, J.:---The most important point that arises for consideration in this application is whether an application under Order 9, Rule 13 of the Code of Civil Procedure for setting aside the judgment pronounced in favour of the plaintiffs for want of pleadings of the defendants under Order VIII, Rule 5(ii) and Rule 4 of the Code of Civil Procedure is maintainable.

2. The 3rd defendant has made this application under Order IX, Rule 13 of the Code of Civil Procedure for setting aside, according to him, an ex-parte decree passed on 8th January, 1993 in the suit herein. He has also claimed the stay of the execution of the said decree

3. The plaintiffs are the bankers and the suit herein has been filed for the recovery of the sum of Rs. 11,60,000/- and odd with interest from the defendants in respect of the credit facility granted to them. The 1st defendant, a limited company, are the principal borrower and the 3rd defendant, the applicant herein, is one of the directors of the 1st defendant. The suit was filed somewhere in October, 1979 and shortly thereafter the defendants were served with the writ of summons. It may be stated that as far as service of the writ of summons

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