R. Dash, J.—The present appellant who is the defendant in C.S. No. 102 of 2006 and the petitioner in C.M.A. No. 23 of 2011 under Order 9, Rule 13 of CPC in the Court of the 2nd Additional Civil Judge (Senior Division), Cuttack challenges the order dated 22.12.2012 passed by the learned Civil Judge in the C.M.A. rejecting the prayer to set aside the ex parte decree dated 25.4.2011 passed in the C.S.

2. The respondent herein is the plaintiff in the suit. He filed the suit for a decree for specific performance of contract directing the appellant-defendant to perform an agreement dated 20.4.2004 and to execute and register a Sale Deed in respect of the plaint Schedule ‘A’ property on receiving the balance consideration money from the respondent/plaintiff and to deliver possession of the property to him. Subsequently, the respondent/plaintiff filed another suit registered as C.S. 52 of 2007, on the allegation that the suit property being given on security with State Bank of India, Tulasipur Branch, against a loan availed by the appellant/defendant was going to be attached and sold under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest A