1. This application in revision under S. 115 of the Civil P. C. has been referred to Division Bench for hearing. The point involved is whether an ex parte decree, passed in a suit, in which special witnesses have been examined under O. XVIII, R. 16, Civil P. C., can be set aside under the provisions of O. IX, R. 13, Civil P. C. The suit was filed in the court of Subordinate Judge, first court, Arrah in 1966 and later was transferred to the court of Additional Subordinate Judge, 3rd Court. In 1969, three witnesses were examined on behalf of the defendants, who are opposite party in this case, as special witnesses with Courts permission under O. XVIII, R. 16, C. P. C. In 1972, the case was ready for hearing, but as the defendants did not appear, an order was passed on the 10th of July, 1972, that the suit would be taken up on the next day for ex parte trial. On 11-7-1972, the ex parte hearing was taken up and was finished and on 13th July, 1972, the suit was decreed. On 20th July, 1972, the defendants filed an application under O.IX, R. 13 for setting aside the ex parte decree and on the 7th March, 1974, the prayer was granted by the impugned order. The plaintiffs have filed