JUDGMENT

B. P. DAS, J. — This appeal under Order 43, Rule 1 of the Code of Civil Procedure (in short ‘C.P.C.’) is directed against the order dated 17.7.2000 passed by the Civil Judge (Senior Division), Rayagada, in M.J.C. No.30 of 1997 rejecting an appli¬cation under Order 9, Rule 13 read with Section 151 of the C.P.C. praying for setting aside the ex parte decree passed against defendant No.1, i.e., the present appellant, in Money Suit No.42 of 1995.

2. The case of the appellant, as it transpires from the facts narrated in the appeal memo. as well as the impugned order and from the submissions made by the learned counsel for the parties, is that respondent No.1 herein filed the aforesaid Money Suit No.42 of 1995 in the Court of the Civil Judge (S.D.), Rayaga¬da, against defendant No.1- the General Manager, South Eastern Railways, Calcutta, and defendant No.2, one of the employees of defendant No.1, claiming compensation of Rs. 3,10,000/ -for the loss sustained by him in a railway accident. The plaintiff-respondent No.1, who was the owner-cum-driver of the truck bear¬ing registration No. OSS 5457, was carrying on the business of transportation of goods. While transporting coal of o