BINDRA, J. :- This appeal by Pulin Das Kakati is directed against the order dated 12-9-1968 by which his application under Order 9, Rule 13, Civil P.C. for setting aside the ex parte final decree, dated 21-3-1966, was rejected with costs by the Assistant District Judge No.2, Gauhati.

2. In a suit for rendition of accounts filed by Rajendra Nath Hazarika, the respondent herein, against Pulin Das Kakati a preliminary decree was passed and a commission issued for looking into the accounts and making a report to the Court. Before the Commissioner could submit his report, Pulin Das Kakati, who was then an employee in the army in the rank of Major, it appears, moved his Commanding Officer for requesting the Court to stay the proceedings in the terms of the Indian Soldiers (Litigation) Act, 1925, hereinafter called the Act. The Commanding Officer addressed a letter to the Court requesting for stay of the proceedings and the proceedings were stayed by the Court until 30th April 1965 by its order dated 23-1-1965. Rajendra Nath Hazarika having felt aggrieved with that order filed a revision petition in the High Court to challenge its validity. However, his revision petition was rejec