Ranjan Gogoi, J.

1. This appeal is directed against the order dated 5.7.2007 passed by the learned Civil Judge, Senior Division, Tinsukia in a proceeding registered as Misc. (J) Case No. 50 of 2006. By the said order, the learned Court below has dismissed the application filed by the present Appellant (Defendant in the suit) under Order 9, Rule 13 of the Code of Civil Procedure for setting aside the ex-parte judgment and decree dated 25.8.2004 passed in Money Suit No. 166 of 2000.

2. We have heard Mr. G. Choudhury, learned Counsel for the Appellant and Mr. G N. Sahewalla, learned senior counsel for the Respondent.

3. The main ground on which the application under Order 9, Rule 13 Code of Civil Procedure was filed by the present Appellant is that the Appellant was not informed about the judgment and decree dated 25.8.2004 passed in Money Suit No. 166 of 2000 by the engaged lawyer one Shri B.L. Agarwalla and Shri H.P. Agarwalla. According to the Appellant, they had come to know of the judgment and decree dated 25.8.2004 only on 21.7.2006 when the Appellant received a letter from the Respondent (Plaintiff) demanding withdrawal of another suit filed in the Calcutta High Court fail