Ahmed, J. : The petitioner herein has challenged an order dated 7.4.89 passed by the learned Assistant Dist. Judge, 3rd Court at Howrah in title Suit No. 75 of 77. The impugned order was an order on an application u/s. C.P.C filed by the petitioner. By the said petition the petitioner challenged the preliminary decree which was passed on 23.784. He appeared in the suit. The learned Court found that the date of hearing was known to him. But the petitioner pleaded that as he was ill during the period. He could not appear. The learned Judge noted that he was curious that the defendant took no steps for setting aside the ex parte decree for a period of four years. Accordingly, the leaned Judge dismissed the application.

2. To appreciate the point raised brief facts of the case may be recalled, disputed properties belonged to deceased Dr. Dhirendranath Roy, the husband of Plaintiff No.4 and father of Plaintiff Nos. 1, 2, 3 and Defendant Nos. 1 & 3 and father-in-law of Defendant No.5. Dhirendra had two wives, the first wife Nirmala died leaving behind Defendant No. 1 and his brother Pratap Chandra Roy, husband of Defendant No. 5. Plaintiff Nos.1, 2 and 3 are sons of Dhirendra by s