( 1 ) THIS is an application for recalling and/or setting aside ex parte decree dated 31st January, 1994 Parties have filed their respective affidavits. At the time of hearing, the plaintiff/respondent did not oppose the merit of the application but raise one point that in view of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 the application ought to be sent before the appropriate Tribunal under the aforesaid Act.

( 2 ) THE petitioner herein stated that he has no objection in transferring the suit from this High Court to the appropriate Tribunal but the suit in which an ex parte decree has passed by this Court ought to be recalled and/or set aside first by this Court then the suit can be transferred there.

( 3 ) IT is high time to deliver a judgment on the above issue.

( 4 ) EX parte decree in a suit has to be recalled and/or set aside under Order 9, Rule 13 of the Code of Civil Procedure. It appears therein that in any case in which a decree is passed ex parte against the defendant, he may apply to the Court by which a decree was passed for an order to set it aside. Therefore, the Court heard the suit alone has exclusive jurisdiction t