(1) This application arises out of ejectment suit filed by the respondent against the petitioner, who was his tenant. The suit was decreed ex parte. Against this judgment the petitioner filed an appeal to the District Court on December 16, 1961 and also made aside the ex parte decree two days later on the 18th. The appeal in the District Court was summarily rejected under O. 41, R. 11 on July 6, 1962. Thereafter the application for setting aside the ex parte decree was heard by the trial Court who allowed it on July 16, 1962, without the knowledge that the petitioners appeal was summarily dismissed. The plaintiff came to know about the dismissal of the appeal and he then made an application under S. 151 of the C. P. Code for setting aside the order on the ground that the petitioner had concealed material facts from the trial Court when he obtained the order setting aside the ex parte decree. The trial Court set aside its order on the ground that fraud was played on the Court in obtaining the orders by the petitioner. The petitioners appeal against this judgment has failed and the petitioner now challenges this decision.

(2) The question is whether the application for setting as