( 1 ) PLAINTIFF, Bank of India had filed a suit for recovery of Rs. 24,75,045. 02 against tour defendants namely, (1) M/s Luk Auto Ancillary. (India) Ltd. , (2) L. N. Raina, (3) Vijay Kumar Mundhra and (4) M/s, Globe Motors Ltd. Defendant No. l being the principal debtor and defendants No, 2, 3 and 4 as its sureties. Defendants No. 1 and 2 and defendants No, 3. and 4 filed two separate written statements contesting the suit. lssues were settled Defendants No. 1 and 4 had gone in liquidation and were represented by, official Liquidator on various dates. However, during trial defendants did not appear. Plaintiff led ex pane evidence and vide Judgment dated December 3, 1984 the suit was decreed in the sum of Rs 24,75,042. 02 with costs and future interest at the rate of 19. 25% per annum. After the aforesaid decree was passed defendant No. 3 has filed an application (IA No. 3542/85 under Order 9 Rule 13 CPC) and later on defendant No. 2 also filed similar application (IA No. 4076/85) both under Order 9 Rule 13 CPC for setting aside the exparte decree against them. Defendant No. 2 having died, Shri Chand Raina, his son, the only LR was substituted for him. These applicat