Chatterji, J.

1. This application in revision is directed against an order of the appellate Court setting aside an ex parte decree under Order IX, Rule 13 of the Code of Civil Procedure.

2. The suit was for declaration of title and confirmation of possession in respect of the lands mentioned in the plaint. The suit was decreed ex parte on the 25th of October 1949. On the 24th of November 1949, defendant No. 1, Mt. Deorani Kuer filed an application under Order IX, Rule 13 of the Code of Civil Procedure for setting aside the ex parte decree on the ground that there was fraudulent suppression of summons.

3. The application was resisted by the plaintiffs who asserted that there was proper service of summons.

4. The learned Munsiff held that the summonss were duly served. He accordingly rejected the application on the 30th of March 1950. Against this order an appeal was preferred to the District Court by two persons to whom defendant No. 1, Mt. Deorani Kuer transferred the disputed lands, This transfer appears to have been effected subsequent to the ex parte decree but before the filing of the application under Order IX, Rule 13, Civil Procedure Code.

5. An objection was taken i