JUDGMENT

Imam and Chapman, JJ. - This is an appeal against an order of the Subordinate Judge of Rungpore rejecting an application to set aside a decree said to have been passed ex parte. The application was made under Order IX, Rule 13 of the Code of Civil Procedure. The decree sought to be set aside was passed under these circumstances. On the day the hearing of the case commenced both the parties appeared. The case then proceeded from day to day. The plaintiff in the course of 9 days examined 14 witnesses, who were cross-examined by the defendants' pleader, and then closed his case. The defence pleader then began his case and examined one of the defendants whose cross-examination, not having been finished on the third day of his examination, stood adjourned to the next day when neither he, the witness, nor the pleader for the defence appeared. The Subordinate Judge consequently noted the case for the defence as closed and proceeded to hear the argument of the pleader for the plaintiff. There was no argument for the defendants, and the Subordinate Judge delivered his judgment decreeing the suit in plaintiff's favour.

2. The defendants made the application, out of which this appeal h