M. Thanikachalam. J.

1. This is an Application under Order 14, Rule 8 of Original Side Rules read with Order 9, Rule 13, C.P.C. to set aside the ex parte decree dated 20.6.2001 in C.S.No.566 of 1993.

2. The respondent Indian Bank, as plaintiff has filed the suit for recovery of a sum of Rs.4,11,389 against the applicant/defendant and against, his property also, since it appears, he had executed a mortgage deed, seeking preliminary decree, to be followed by final decree for the sale of the hypotheca.

3. The records would reveal that when the Suit was posted for hearing, the counsel appearing for the applicant/defendant reported no instructions. Therefore, this Court setting the applicant/defendant ex parte, granted an ex parte decree as prayed for on 20.6.2001.

4. As submitted before this Court, though a preliminary decree has been' passed on 20.6.2001, no final decree proceeding has been initiated, as mandated under law. However, the applicant/defendant, realising the consequences of the ex parte decree, has filed this Application before this Court to set aside the exparte decree.

5. There was an inordinate delay, in filing the present Application to set aside the ex parte d