JUDGMENT :

A. Pasayat, J. - Rejection of a petition under Order 9, Rule 13, Code of Civil Procedure, 1908 (in short, CPC) has brought the defendant to this Court.

2. A brief reference to the facts situation is necessary because the ultimate fate of the appeal depends upon adjudication of a short but interesting point of law. State Bank of India, respondent herein, instituted a suit (T. M. S. No. 142 of 1983) in the Court of Subordinate Judge, Chatrapur. The appellant herein is the defendant No. 1 in the said suit. He was set ex parte on 4-9-1985. but the ex parte decree was passed on 28-11-1986. An application to set aside the ex parte decree was filed on 27-12-1987. The primary stand was that he had no knowledge about the posting of the suit.

The learned Subordinate Judge disbelieved the plea primarily on the ground that the appellant herein was represented by a counsel in the suit.

3. it is highlighted by the learned counsel in support of the appeal that originally the suit was filed in the Court of Subordinate Judge, Aska being registered as TMS No. S6 of 1983. After opening of the Court of Subordinate Judge at Chatrapur all the suits relating to the said Court including aforesaid I