1. This Miscellaneous (First) Appeal is by the defendant against order dt. 15-7-80 in Misc. Case No. 18 of 1979, by which the court below has refused to set aside the ex parte decree dated 11-4-79 passed in Title Suit No. 106 of 1978.

2. The original defendant (Raghunandan Singh) died during the pendency of the present appeal and, by order dated 8-8-85 his heirs and legal representatives were substituted.

At this very stage it is also pertinent to state that as a result of an order of this Court dated 16-5-84, an enquiry was ordered to be done by the trial court as there was a dispute as to whether the applicants (claiming to be the heirs of the appellant (Raghunandan Singh) were the real heirs and legal representatives of the deceased Raghunandan Singh or Smt. Sita Devi was the sole heir and legal representative of the aforesaid deceased Raghunandan Singh, who, according to the respondent, was the daughter of the deceased Raghunandan Singh.

Pursuant to that order the enquiry was held by the learned Subordinate Judge. Begusarai. He reported that the applicants (claiming to be the heirs of the deceased Raghunandan Singh) were the true heirs of the deceased and further report