1. This appeal is by the defendants against the order dismissing their application under Order IX, R.13, CPC. to have the ex parte decree passed against them set aside. The plaintiffs and the defendants are members of an undivided Nair tarwad and the suit was for partition of and for recovery of the plaintiffs' share in them. The appellants contested the suit on the ground that certain items of the schedule properties were not liable to be partitioned. They also contended that the plaintiffs were entitled only to a lesser share than what they claimed. Issues were raised and the plaintiff was examined on 2nd September 1959. The case was then adjourned to 22nd September 1959 for the defendants' evidence. It was further adjourned to 21st October 1959 on the defendants' application. On 21st October 1959 the defendants were not present and there was no application for time on their behalf. Thereupon the arguments of the plaintiffs' counsel were heard and the case was adjourned to 23rd October 1959 for disposal and was disposed of on that day. On 6th November 1959 an application under Order IX, R.13 was filed by defendants 6 and 7. The application was supported by an affidavi