Sinha, J. -- Leave granted.

2. The remedies available to a defendant in the event of an ex parte decree being passed against him in terms of Order 9 Rule 13 of the Code of Civil Procedure (the Code) and the extent and limitation thereof is in question before us in this appeal which arises out of a judgment and order dated 19,12.2002 passed by the High Court of Madhya Pradesh at Jabalpur in First Appeal No. 109 of 1986.

3. The fact of the matter relevant for the purpose of this appeal is as under:

One Shri N.N. Mukherjee was the owner of the premises in suit. He died leaving behind his wife Smt. Suchorita Mukherjee (original Defendant 1), son Shri P.P. Mukherjee (original plaintiff) and daughter Smt. Archana Kumar (original defendant 2). The family is said to be governed by Dayabhaga school of Hindu law. The original plaintiff filed a suit for partition in the year 1976. The original defendants filed their written statements. Respondent 2 herein, Surender Nath Kumar who is husband of Smt. Archana Kumar, respondent 1 herein also filed a written statement and counterclaim by setting up a plea of mortgage by deposit of title deeds in respect of property in suit said to have been