( 1 ) THE appellant, Sohonlal Nagarmull, who was the defendant in a suit decreed 'ex parte', has preferred the present appeal against an order of P. B. Mukharji J. , refusing to set aside the 'ex parte' decree. The learned Judge did not deliver a judgment, but statements were made to us from the Bar regarding the ground on which, he dismissed the appellant's application. The learned junior Counsel for both parties, who were in the Court below, stated that a preliminary ground was taken on behalf of the respondent that the application was barred by time and the learned Judge dismissed the application on that ground without entering into its merits.

( 2 ) MR. Deb, who appeared before us as the leading Counsel for the respondent, stated that if limitation was the only ground on which the application had been dismissed, he would concede at once that the point should be decided in favour of the appellant. He added that we might proceed to consider the application on its merits or send it back to the learned Judge for disposal by him. It was, however, brought to our notice that there was a reported decision of P. B. Mukharji. J. himself, given in another case, accord