ORDER

M.K. Sharma, J. As these two appeals involve identical facts and similar issues, we propose to dispose of both the appeals by this common order.

FAO (OS) 75/1995

2. This appeal preferred by the defendant is directed against the impugned judgment dated 24 1 1995 dismissing the application filed by the appellant defendant under Order 37 Rule 4 read with Section 151 of the Code of Civil Procedure seeking for setting aside the ex parte decree dated 22.3.1990 in the suit filed by the plaintiff bank numbered as Suit No. 2941/1988.

3. The respondent bank as plaintiff filed a suit being Suit No. 2941/1988 against the appellant defendant claiming a sum of Rs. 11,91,708.70p, with interest and cost under the provisions of Order 37 of the Code of Civil Procedure. In the said suit, notices were issued to the appellant defendant. On notices having been served on Shri Vinay Kapoor in accordance with the provisions of Order 29 Rule 2 of the Code of Civil Procedure, the said service was accepted as valid service. As the defendant appellant failed to contest the suit, an ex parte decree for a sum of Rs. 111,91,708.70p was passed by the learned Single Judge in the suit on 22.3.1990 holdin