JUDGMENT :

R.F. NARIMAN, J.

1. The present dispute arises out of an ex-parte decree of 09.06.1987 which was sought to be set aside under Order IX Rule 13 of the Code of Civil Procedure, 1908.

2. The appellant before us, having knocked at the doors of the Court, has been turned away by not less than three Courts. In that it was stated that he had both been deemed to be served with the summons in the suit as well as the fact that from the date of knowledge of the ex-parte decree, had filed the application to set it aside a year and a half later.

3. Fact is indeed stranger than fiction, as the unfolding of the drama of this case shows. This case has a somewhat chequered history, which we will advert to briefly.

4. The dispute in the present case relates to a residential house situated in Munger, District Bihar. One Hira Mistry, father of the original appellant No.1 and grandfather of the appellant No.2, was the owner of the said house, which was let out to one Surendra Narayan Sinha. Eviction proceedings were instituted by the said Hira Mistry against the said tenant in which eviction was ordered on 21.12.1979; then reversed in first appeal on 24.02.1986; and again reversed in second appea