( 1. ) ONE of the defendants filed the present appeal against the order dated 14. 9. 2004 passed by the IInd A. D. J. , Indore in M. J. C. No. 46/2002, rejecting the application filed by the appellant under Order 9 Rule 13 of the Civil Procedure Code for setting aside ex parte judgment and decree dated 25. 10. 1996 passed in Civil Original Suit No. 47-A/1996.

( 2. ) THE respondent No. 1 Bank of India (hereinafter called as the Bank) filed a suit against the appellant, his brother and two other defendants for recovery of money of Rs. 5,44,342,12 with 22. 5% interest from the date of filing of the suit up to execution of the decree. The Bank pleaded that it granted a cash credit (hypothecation) loan to a proprietary firm of Rs. 2,40,000 and gave initial advance of Rs. 30,000 on 8. 7. 1983. The appellant was one of the guarantors of the loan and mortgaged his property, a house in favour of the Bank on 4. 6. 1987. The Bank in para 9 of the plant under the head plaintiffs claim submitted that on 29. 6. 1992 Rs. 3,04,338. 87 were due in cash credit account out of which Rs. 2,24,159. 70 were the interest from 1. 7. 1989, from the above pleadings it is not clear that how much amount