( 1 ) THIS appeal has been directed against the order refusing to set aside a final decree in Civil Suit No. 6-A/70 by the Additional District Judge, Burhanpur which was passed ex parte and without notice to one of the defendants, the appellant herein.

( 2 ) THE respondent No. 1 National Industrial Development Corporationlimited instituted the aforesaid suit against the father of the present appellant i. e. Bhagirath and 3 others defendants 2 to 4 herein for recovery of Rs. 28,90,387/- and seeking a decree for sale of mortgaged property for the realisation of the aforesaid amount. The suit was contested by the defendants by filing their written statements but eventually an ex parte preliminary decree was passed against all the defendants on 25-3-1994.

( 3 ) AFTER passing of the preliminary decree as occasion arose the decree holder filed an application on 20-3-1995 for passing of a final decree as contemplated under O. 34, Rr. 5 and 6 of the Code of Civil Procedure (in short the 'cpc' ). The defendants were proceeded ex parte and the Court below decreed that the mortgaged property mentioned in the preliminary decree be sold and the money realised by such sale be pai