1. - The present misc. appeal has been filed by the appellant-defendant under Order 43, Rule 1 (d) of C.P.C. challenging the order dated 07.10.1998 passed by the Additional District Judge No. 2, Jaipur City, Jaipur (hereinafter referred to as "the trial court") in Civil Misc. Case No. 128/1996 whereby the trial court has rejected the application of the appellant under Order 9, Rule 13 of C.P.C., for setting aside the ex-parte decree dated 20.01.1990.

2. The short facts giving rise to the present appeal are that the respondents-plaintiffs had filed the suit against the appellant-defendant for recovery of Rs. 3,00,000/- with interest. It was alleged in the suit by the plaintiffs that on 25.06.1980, the respondent No. 2 had handed over its Helicopter to one M/s Aadarh Road Carriers, Bangalore when the said Helicopter was being taken in a truck towards Delhi, the bus bearing registration No. RSB-4130 of the appellant-corporation hit the said truck, as the result thereof the Helicopter got damaged. Since the respondent No. 1 insurance company had insured the said helicopter for its transit risk, the respondent No. 1 company paid the claim amount to the respondent No. 2. Thereaft