(Judgment of the Court was delivered by D.MURUGESAN, J.)

1. By an ex parte judgment dated 8.7.2009 made in O.S.No.16 of 2005, the learned Additional District and Sessions Judge, Fast Track Court No.V, Coimbatore at Tiruppur has ordered as follows:-

"Suit for directing the defendant to pay the plaintiff the sum of Rs.1,12,25,770.00 with future interest from the date of suit till realisation at 18% per annum of Rs.85,72,500/-and for the costs of the suit.

PW1 present from 10.30 A.M. till 5.30 P.M. The defendant was called and found absent. The counsel for the defendant also is not present. The evidence on record perused. Claims proved. Suit decreed with costs for Rs.1,12,25,770.00 with future interest on Rs.85,72,500.00 at 18% from the date of the plaint till realisation. Pronounced by me in the open court, this the 18th day of July, 2009."

2. The question arises in this civil miscellaneous appeal is as to whether the aforesaid judgment could be termed to be a "judgment" in terms of Section 2(9) of the Code of Civil Procedure.

3. The following few facts are necessary for the disposal of this civil miscellaneous appeal. The respondent in this appeal is the plaintiff and the app