ORDER : The petitioner Tarapada Sarkar instituted Money Suit No. 95 of 1955 against defendant No. 1 Nepal Gazi and the Chakraborties (Defendants Nos. 2 and 3), who are the opposite parties in this case, in the fourth Court of Munsif at Alipore for recovery of certain sum of money OB account of his share of produce of some land in respect of the year 1861 B.S. This suit was contested by the defendants by filing a joint written statement. The date of peremptory hearing of the suit was fixed on 1-9-1959 and as the defendants failed to attend the Court or take any steps on that date, the suit was eventually decreed ex parte. Thereafter the defendants applied for setting aside the ex parte decree by filing an application under the provisions of O. 9; R. 13 of the Code of Civil Procedure and the case was numbered as Misc. J. Case No. 192 of 1959. The above case was heard analogously with Misc. J. Case No. 193 of 1959, which arose out of a similar application filed under O. 9, R. 13 of the Civil Procedure Code for setting aside the ex parte decree passed in Money Suit No. 135 of 1955 of the same Court. Besides the Chakraborties, Nuro Molla and Tarijaddi Molla, respectively, figur