Arup Kumar Goswami, J.

1. Heard Mr. D. Baruah, learned counsel appearing for the defendant No. 1/appellant. Also heard Mr. R.L. Yadav, learned counsel appearing for the plaintiff/respondent.

2. On the request of the learned counsel for the parties, the appeal is taken up for disposal at the admission stage.

3. The appeal is filed under Order XLIII Rule 1(d) CPC read with Order XLIII Rule 2 CPC and Order XLI of the CPC against the judgment and order dated 20.07.2015 passed by the learned Civil Judge No. 1, Kamrup (Metro), Guwahati, in Misc. (J) Case No. 308/2013 in Money Suit No. 117/2004, whereby the learned Civil Judge had rejected the application filed by the defendant No. 1/appellant under Order IX Rule 13 CPC for setting aside the ex-parte decree dated 17.09.2009.

4. I.A. 2248/2015 is an application under Order XLI Rule 5 CPC read with Order XLIII Rule 2 and Section 151 CPC for stay of the judgment and decree dated 17.09.2009, passed in Money Suit No. 117/2004 as well as for stay of the Money Execution Case No. 7/2012, which was instituted by the plaintiff/respondent.

5. The respondent filed the aforesaid money suit against the appellant and two others, namely, Bhaskar A.