Choudhary, J.

1. This application in revision is by the plaintiff against an order setting aside an ex parte decree passed in his favour on the 19th of March, 1952, in Title Suit No. 57 of 1950 in the Court of the Munsif, Giridih.

2. The suit was instituted by the plaintiff petitioner for declaration of his title to and for possession over a piece of land measuring 2 Kathas 13 dhurs bearing holding No. 917 of Ward No. 3 of the Giridih Municipality & survey Plots Nos. 2834 and 2835, as having been acquired by him by purchase from defendants 9 and 10. Different sets of defendants filed written statements on different dates and the suit was fixed for final hearing on the 18th of March 1952. On that date, the defendants lawyers informed the Court that they had no instruction, and the suit was adjourned to the next date viz., the 19th of March 1952, for hearing. On that date also, the defendants did not take steps and the suit was heard ex parte but in presence of minor respondents 3 and 5, who were represented by guardians appointed by Court. The ex parte decree was also passed in the suit on the same date.

On the 21st October 1952, defendant No. 1 filed an application for sett