JUDGMENT

MADON, J.:— This Appeal by Special Leave granted by this Court is directed against a common judgment and order of the High Court of Calcutta passed on January 28,1981, allowing two applications under S. 115 of the Code of Civil Procedure, 1908, and setting aside the order of the Additional Subordinate Judge, Bankura, whereby the learned Additional Subordinate Judge in an application under Rule 13 of Order IX of the Code of Civil Procedure had set aside an ex parte decree passed against the Appellant and Respondent No. 10.

2. The parties are governed by the Dayabhaga School of Hindu law. Gopal Chandra Nandy and Jugal Kishore Nandy were. brothers who both died prior to the litigation out of which this Appeal arises. Respondents No.5 to 9 are the sons of Gopal Chandra. The Appellant and Respondent No. 10 are the sons of the 5th Respondent., Narender Nath. Respondent No. 1 is the son, Respondents Nos. 3 and 4 are the daughters and Respondent No. 2 is the widow of Jugal Kishore. On October 14, 1974, Respondents Nos. 5 to 9 filed a suit for partition in the Court of the Subordinate Judge, Bankura, being Title Suit No. 93 of 1974, against the other Respondents and the Appellant fo