1. This is an application by the decree-holder in Title Suit No. 63 of 1970 and is directed against an order dated the 17th of July, 1972 passed in Execution Case No. 20 of 1971, staying delivery of possession of a house standing in plot No. 465, Khata No. 67 of village Kairiya, police station Kahalgaon, district Bhagalpur.

2. The petitioner had obtained an ex parte decree in the aforesaid Title Suit No. 63 of 1970 from the Court of the Subordinate Judge, Bhagalpur, on the 30th of January, 1971. Thereafter, she levied execution of the decree, which was numbered as Execution Case No. 20 of 1971 of the aforesaid Court. The opposite parties in this petition, as judgment-debtors, filed Miscellaneous Case No. 56 of 1971 for setting aside the ex parte decree on the ground that they had no notice of the suit and the service of the summons, etc., were all suppressed. This miscellaneous case was dismissed for default on the 10th of September, 1971 and the judgment-debtors filed a petition for its restoration and also another petition under Order 9, Rule 13 of the Code of Civil Procedure (hereinafter to be referred to as the Code) for the purpose of setting aside the ex parte decree.