Raj Kishore Prasad, J.

1. This appeal, by defendant 1, which arises out of a suit for setting aside an ex parte decree, on the ground, of fraud, is from a judgment of reversal of the learned Additional Subordinate Judge, Chapra, who reversed the judgment of the first court, and decreed the plaintiffs suit.

2. The facts are these: Defendant 1, the appellant as plaintiff brought a title suit, Title Suit No. 23 of 1952 in the court of the 3rd Munsif at Chapra against the plaintiffs respondents.

3. In that suit, the appellant claimed a declaration that the respondents right to redeem the zerpeshgi which was the subject matter of that suit, had been extinguished, because of the expiry of the statutory period of 60 years, and therefore, he also asked for confirmation of his possession.

4. The present plaintiffs were defendants 1 to 3 to the previous suit. The present plaintiff 3, then defendant 3, however died during the pendency of the present suit, and her name was expunged. The previous suit was decreed ex parte on the 11th September, 1952, against the present plaintiffs.

5. The plaintiffs therefore, brought the present suit for setting aside the aforesaid ex parte decree on t