P. A. MOHAMMED J. :

P. A. MOHAMMED J. for the This appeal is directed against the order in I. A. No. 1507 of 1997 in O.S. No. 250 of 1995 on the file of the Additional Sub-Judge's Court, Kochi. The second defendant in O. S. No. 250 of 1995 is the appellant before us. He filed the above I. A. under Order 9, rule 13 seeking to set aside the ex parte decree passed on June 15, 1996, in O.S. No. 250 of 1995. The suit was for realisation of the money due to the first respondent-bank. After enquiry the court below passed the impugned order rejecting the application on the ground that it has no jurisdiction to entertain the petition. Being aggrieved by the said order, the present appeal has been filed by the second defendant.

Heard learned counsel appearing for the appellant and also the respondents.

The court below in the impugned order observed that the decree amount was above Rs. 10 lakhs and the decree-holder had already filed execution petition before the Recovery Tribunal and that, therefore, the court had no jurisdiction to entertain the petition. As observed above, what is involved in this case is that an ex parte decree passed on June 15, 1996, and the right of the appell