( 1 ) THE present appeal has been preferred against the Order no. 81 dated September 20,1988 passed in misc. case No. 972 of 1983 whereby the learned Judge, 11th Bench, City Civil Court at Calcutta has rejected the application under order 9, Rule 13 of the Code of Civil Procedure filed on 24th of August, 1983 for setting aside the ex-parte decree dated June 29, 1983 passed in Ejectment Suit No. 10 of 1982.

( 2 ) THE Ejectment Suit No. 10 of 1982 was filed by Sri Asutosh Paul, the respondent before us against Sri Mata Badal Banwarilal shaw alias Mata Badal Shaw alias M. B. Shaw son of late Mahesh Ram Shaw.

( 3 ) THERE is no dispute that the landlord asutosh Paul let out the suit premises being no. 35a, Bechu Chatterje Street, Calcutta to the said tenant Mata Badal Banwarilal Shaw and the rent receipts were also issued in favour of Mata Badal Banwarilal Shaw.

( 4 ) ADMITTEDLY, the suit was decred ex parte and, therefore, the said tenant Mata badal Banwarilal Shaw made an application under Order 9, Rule 13 of the Code of Civil procedure for setting aside the ex parte decree.

( 5 ) ADMITTEDLY, an application for amending the aforesaid application under Order