Bhaskar Bhattacharya, J.

This revisional application under Article 227 of the Constitution of India is at the instance of defendant No.2 in a proceeding before Debt Recovery Tribunal and is directed against Order No. 40 dated October 19, 2000 passed by the Presiding Officer, Debt Recovery Tribunal in Misc. Application No.4 of 1999 arising out of T.A. No. 254 of 1994 thereby rejecting an application for setting aside ex parte decree passed in the said proceeding.

2. In the aforesaid proceeding before the Debt Recovery Tribunal against the petitioner and opposite party Nos. 2 and 3, the petitioner was described as a guarantor while the opposite party Nos. 2 and 3 were alleged to be actual borrowers.

3. There is no dispute that the said proceeding was decreed ex parte against all the defendants including the petitioner.

4. The present petitioner however came up with an application for setting aside the said ex parte decree on the ground that no summons of the said proceeding was served upon him and on or about November 26,1998 he received a letter dated November 19, 1998 from the defendant No.3 forwarding therewith notice and Certificate No. 116 of 1998 dated June 22, 1998 inform