R.M.S.KHANDEPARKAR, J.

1. Heard. Admit. By consent, heard forthwith. The learned advocates for the respondents waive service. This appeal arises from the order dated 22nd August, 2007 passed by the learned Single Judge in Notice of Motion no.1352 of 2007 in Suit No.1102 of 1991. By the impugned order, the learned Single Judge has dismissed the notice of motion. The said notice of motion was taken out for setting aside the ex parte decree passed in the said Suit No.1102 of 1991 on 12th March, 1997. The said notice of motion was taken out on 8th June, 2007.

2. The sole ground on which the ex parte decree was sought to be set aside by taking out the said notice of motion was that pursuant to the withdrawal of the brief from the earlier advocate, the appellants had engaged another advocate to represent the appellants in the matter, however, on the relevant day the Vakalatnama on behalf of the appellants by the newly engaged advocate had not filed nor had remained present on their behalf. In the circumstances, the suit came to be decreed ex-parte against the appellants. It was further case of the appellants that they came to know about the ex parte decree for the first time on o