JUDGMENT

1. On the 23rd April 1906, the defendant-appellant before us obtained an ex parte decree, against the plaintiff-respondent in the Calcutta Small Cause Court. The decree was sent for execution to the Munsif of Satkania, in the District of Chittagong, where the parties have their permanent residence, and on the 25th January 1907, a peon arrived at the house of the plaintiff-respondent with a writ of attachment against the movables of the judgment-debtor. This event constituting a cause of action, the plaintiff brought a suit in the local Munsif's Court and prayed (1) that the ex parte decree of the 23rd April 1906 be set aside as fraudulent and (2) that the said decree be declared null and void, inoperative and ineffectual, and that an order be made that it be not executed against the defendant (the present plaintiff.)

2. On the merits, the first Court found that the ex parte decree was fraudulent and liable to be declared null and void, but the Munsif proceeded to hold that he had no jurisdiction to try the suit by reason of Section 94 of the Presidency Small Cause Courts Act. On appeal, the Subordinate Judge has decreed the suit with reference to both the prayers of the plai