Harish Tandon, J.

1. This revisional application is filed at the instance of the defendant/petitioner who suffered an ex parte decree passed by the learned Judge, 4th Bench, City Civil Court at Calcutta. The plaintiff/opposite party laid his claim in the said ejectment suit as receiver appointed by the High Court in F.M.A.T. No. 357/1996. The aforesaid ejectment suit was instituted against two defendants including the petitioner being the joint tenants in respect of a room situated at first floor at premise No. T-17/C, Biplobi Anukul Chandra Street, Calcutta 700 072, at a monthly rental of Rs. 17/- payable according to the English calendar.

2. The plaint further proceeds that the defendants have sublet, assigned, transferred and parted with possession of the said tenanted room without the consent in writing of the landlord.

3. One of the defendants who is a petitioner in the revisional application filed an application under Order 9 Rule 13 of the Code for setting aside the said ex parte decree which was registered as Misc. Case No. 174/2006 before the Small Causes Court at Calcutta. The said application is founded on the assertion that the factum of an exparte decree was for t