The respondent (plaintiff) brought a suit for the recovery of a certain sum of money from the petitioner (defendant) and obtained an ex parte decree on the 23rd of March, 1950. The defendant subsequently filed a suit, O. S. No. 127 of 1950, in the Court of the District Munsif of Tirunelveli for a declaration that the said ex parte decree was not binding on him and for an injunction restraining the plaintiff from executing that decree. It was held in that suit that by reason of the fraud of the plaintiff summons had not been served on the defendant and, therefore, the decree was liable to be set aside. On that finding the suit was decreed. There was an appeal but the appeal was unsuccessful. The plaintiff thereupon filed two applications, in effect seeking to have his suit restored and proceeded with. The petitions were ordered and the suit was revived. The above two Civil Revision Petitions seek to revise the order of the learned Judge.

The only question which falls for decision in these two petitions is whether the result of the decree in the suit filed by the defendant which was later confirmed on appeal is that the plaintiff in the original suit would be entitled to have