Choudhary, J.

1. This application by plaintiff 2 is directed against the order of the Subordinate Judge, 2nd Court, Patna, setting aside an ex parte decree passed in favour of the plaintiffs.

2. The petitioner along with opposite second party Nos. 8 to 17 instituted a suit for bhaoli rent against the defendants opposite 1st party for the years 1354 and 1355 Pasli. Before the institution of the suit the defendants had filed an application for commutation of rent under Sec. 40 Bihar Tenancy Act, and the commutation proceeding was pending at the time the suit was filed. The defendants having failed to obtain an order in the Court below for stay of the hearing of the suit till the decision in the commutation case, moved this Court and obtained an order for stay of the suit, but this Court gave a direction that in case the defendants did not prosecute the commutation case diligently, this Court would reconsider the stay-matter.

Ultimately, however, as it appears from the order of the learned Subordinate Judge, the stay-order was vacated. On 12-2-1952, the learned Subordinate Judge received an intimation that the commutation case had been disposed of, and he, therefore, passed an