JUDGMENT

B.B. Ghose, J. - This appeal arises from an order refusing to set aside an ex-parte decree passed in a suit on a mortgage brought on 20th December 1924. After the suit had been pending for some time, an application was made by the defendants on 4th November 1925 for further time. The application was ostensibly on the ground of illness of witnesses and so forth. That application was rejected. The plaintiff also filed an application which was also rejected. Upon that the defendants' pleader alleged that he had no further instructions and retired from the case. The plaintiff proceeded to prove his case ex-parte and obtained a decree. The present application was made on 2nd December 1925 for setting aside the ex-parte decree. The Subordinate Judge has stated his grounds for rejecting the application. From that order, the present appeal has been presented.

2. A preliminary objection has been taken that no appeallies. The ground is that the application udder Order 9, Rule 13, Civil P.C., was dismissed on 19th May 1926. The final decree in the mortgage suit was made on 28th June 1926. It is contended on the authority of the case Jogendra Narayan Das Vs. Satyendra Chandra Ghosh Moul