1. This miscellaneous appeal is filed by the appellants / defendants under O.43 R.1 of the Code of Civil Procedure against the order dated 17-10-2008 passed by the District Judge, Bilaspur in M. J. C. No. 29/2008, which in turn arises out of the judgment and decree dated 21-2-2003 passed in Misc. Civil Case No. 100/1998.

2. By the impugned order, the learned District Judge, Bilaspur dismissed the application made by the defendant Nos.1 and 2 / judgment debtor Nos.1 and 2 under O.9 R.13 of the CPC and in consequence declined to set aside the final decree proceeding dated 21-2-2003 in Civil Suit No. 5 - B / 1993.

3. So the short question that arises in this appeal is, whether the learned District Judge was justified in dismissing the application made by the defendant Nos.1 and 2 / judgment debtor Nos.1 and 2 under O.9 R.13 of the CPC?

4. In order to appreciate the issue involved and raised by the parties to the suit, it is necessary to state relevant facts in short, infra.

5. The respondent No.1 State Bank of India is the plaintiff / decree holder, whereas the appellant Nos.1 and 2 and respondent Nos.2 to 9 are the defendants 2(ga) and (kha) / judgment debtor.

6. The respondent No.1