This Misc. Application has been filed by the appellant under Order XXXIII, Rule 1 read with Sec. 151 of the C.P.C.

2. The petitioner as appellant filed First Appeal No. 126/94 under O. XLI, R. 1, C.P.C. read with Sec. 96, C.P.C. against the judgment and decree dated 3-5-94 passed by the learned Asstt. District Judge, West Tripura in Title Suit No. 101 (Mort) of 1988.

3. Petitioner No. 2 herein is the proprietor of the firm/factory, namely, Agartala Nail Industries (petitioner No. 1).

4. Petitioners case in the suit is that the petitioner took loan amounting to Rs. 1,01,165/- from the plaintiff-Union Bank of India, a Nationalised Bank, as term loan for plant and machinery, shed etc. and Rs. 38,000/- under cash credit loan for accommodation as working capital in the name of the firm. As the defendant (appellant/petitioner) failed to repay the loan amount the suit was filed for recovery of dues outstanding in cash credit loan account and term loan account secured by guarantee, hypothecation and equitable mortgage claiming recovery of Rupees 4,22,847.46/-. The suit was decreed and being aggrieved the defendant filed the above appeal for setting aside the impugned judgment and de