( 1 ) THIS petition under sec. 115 of the Civil Procedure Code is a glaring example of how technicalities are resorted to the exclusion of the spirit and even letters of law.

( 2 ) A few facts require to be stated. The Respondent No. 2 Shantilal Maijibhai is the brother of the present applicant Chunilal Maijibhai. They have one third brother also named Paul. The three brothers jointly own some property in the City of Ahmedabad and the respondent No. 1 Shankerbhai Harjibhai admittedly is their tenant of those premises. The respondent No. 2 Shantilal professing to be the manager of the property of the three brothers filed one suit against this respondent No. 1 Shankerbhai for possession on the ground of non-payment of rent. An ex-parte decree came to he passed against Shankerbhai somewhere in May 1975 and it came to be executed also on 7-7-76 by Shantilal obviously both for himself and for his two brothers Chunilal and Paul. The respondent No. 1 Shankerbhai then moved the court for setting aside he ex-parte decree and he succeeded in getting it set aside presumably on the ground that he was not duly served with the summons. Obviously the steps were required to be retra