JUDGMENT :

K.R. Mohapatra, J.

Order dated 25.3.2004 passed by the learned Civil Judge (Senior Division), Titilagarh in MJC No. 4 of 2001 rejecting an application under Order 9 Rule 13 read with Section 151 of the C.P.C. is under challenge in this appeal.

2. The factual matrix which gives rise to this appeal is that T.S. No. 29 of 1988 was filed by the respondent-Bank in the court of learned Civil Judge (Senior Division), Titilagarh for realization of Rs.6,37,393.75 together with pendente lite and future interest. The suit was decreed ex parte on 5.01.1995 and the defendants appellants were directed to pay a sum of Rs.6,37,393.75 together with pendente lite and future interest at the contractual rate with cost. By Letter No. 338/20/9597/REC/AG/2001 dated 22.02.2001, the Asst. General Manager, Zonal Office of the respondent-Bank intimated the defendant-appellant no. 2 about the ex parte judgment and decree passed in T.S. No. 29 of 1988. Thereafter, a petition under Order 9 Rule 13 read with Section 151 of the C.P.C. (MJC No. 4 of 2001) was filed by the defendants-appellants stating, inter alia, that the defendant-appellant no. 2 was the proprietor of M/s. The Utkal Oil and Chemical Indu