1. Being aggrieved by the Order dated 27.3.2004 passed by 10th Additional Disctict Judge, Bhopal, in MJC No. 3/03, whereby 'the application filed under Order 9 Rule 13, CPC, for setting aside ex parte judgment and decree dated 21.7.96 passed in CS No. 1B/92 has been dismissed, the present appeal has been filed.

2. Short facts of the case are that respondent No.1 filed a suit against respondents No.2, 3 and also against the appellant for realization of Rs. 2,99,491=50 paise. Respondent No.2 is the company, and appellant and respondent No.3 were the employees of the company at the relevant time. The case was proceeded ex parte on 14.11.1995, as the counsel for respondent No.2 pleaded no instructions in the matter and ultimately on 31.7.1996, a decree was passed against respondents No.2, 3 and appellant.

3. On 24.1.2002, the appellant moved an application under order IX Rule 13, CPC, alleging that on 14.1.2002 the brother of the appellant came to know that the Court has issued to warrant for attachment of the property of the appellant. Thereafter, upon enquiry, the appellant came to know that an ex-parte decree has been passed in favour of respondent No.1 and against respondent No.