Shivanugrah Narain, J.

1. The opposite party, rajendra Prasad Sao, filed titled Suit no.34 of 1976 in the second court of the Munsif, Monghyr, for eviction of the petitioner, Dwarika Prasad kejriwal, from the suit premises and for arrears of rent on the allegation that dwarika Prasad Kejriwal was his tenant and has defaulted in payment of rent. The learned Munsif decreed the suit expare on 23rd February, 1978. On 11th September, 1978 the petitioner filed an application under order IX, Rule 13 of the Code of Civil procedure, hereinafter called the Code, which was registered as Miscellaneous case no.45 of 1978 in the second court of the Munsif at Monghyr for setting aside that exparte decree on the ground that the aforesaid decree had been obtained by fraudulent suppression of the processes in the suit without knowledge to the petitioner and the petitioner could know about the decree only on 10th September, 1978. By that time the exparte decree for delivery of possession on the suit premises as are arrears of rent had been put into execution the petitioner who was judgment-debtor in Execution Case No.8 of 1978 in which the execution was proceeding, on 11th September, 1978 its