Sinha, J.

1. The plaintiffs are the petitioners, and the application in revision has been filed, under Sec.115, Civil P. C., against an order of the learned Munsif, dated 24-5-1952, allowing an application under Order 9 Rule 13, Civil P. C., for setting aside an ex parte decree dated 30-11-1951.

2. This case was first heard by a single Judge, and it has been referred to a larger Bench because certain authorities of this Court had held that an erroneous decision of the court below on the ques-tion of limitation was not revieabie by this Court nder Sec.115 of the Code.

3. The facts leading to the setting aside of the ex parte decree are as follows : The plaint was filed on 21-6-1951, claiming a certain amount of money as damages from the opposite party on ac-ount of non-delivery of a part of the consignment looked from Cawnpur to Monghyr. It appears that summons was served upon the defendant-op-posite party some time before 21-8-1951. On 21-8-1951, the order-sheet shows, the defendant did not. appear, and, therefore, the case was adjourned to 30-8-1951. On 30th of August, again, there was no appearance on behalf of the defendant, and the case was adjourned to 1-9-1951, for ex