The plaintiffs opposite parties nos. 1-14 instituted a suit in the first court of the Munsif at Basirhat being Title Suit No. 128 of 1969 for recovery of possession on a declaration of title of 55 dec. of land of plots nos. 5599 and 5602, (eastern portion) of khatian no. 753 P. S. Basirhat, 24-Parganas. The suit was decreed exparte on September 29, 1972. The case of the petitioners who are some of the defendants is that summons of the suit was supprossed on practising fraud on court and they became aware of the decree for the first time on June 24, 1973. They filed a petition under Order 9 Rule 13 and also filed another petition for stay of execution of the connected execution case, being Title Execution case No. 21 of 1972. The petition for stay was rejected on May 4, 1974. The petitioners thereupon moved this court in revision against the order refusing stay and on their application the connected Rule was issued which has now come up for hearing and, as it appears, is not opposed.

2. During the pendency of the Rule in this court three of the opposite parties being opposite parties nos. 3, 7 and 8 who were some of the plaintiffs in the suit, died and notes of abatement we