R. N. MISRA, C. J.

( 1 ) PLAINTIFFS in Title Suit No. 10/9 of 1974/1977 of the Court of the Subordinate judge of Bolangir are petitioners. The suit was posted for hearing to 19-4-1978, when defendant was set ex parte and ex parte trial took place. By judgment dated 24-6-1978 and decree dated 1-7-1978, the suit was disposed of finally. Defendant-State applied under Order 9, Rule 13 of Civil P. C. to set aside the ex parte decree and that application was registered as M. J. C. No. 70 of 1978. The learned Subordinate Judge came to record a finding on the basis of the evidence that defendant's absence on the date of trial was not for any sufficient cause. Yet, he held :--

". . . . . . . . . . . . Thus, even if sufficient cause has not been shown by the state-defendant-petitioner, this is a fit case where the ex parte order is to be set aside and the original suit is to be restored to file for purpose of hearing on merit, in exercise of inherent power of the court under Section 151, C. P. C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . "

( 2 ) A Full Bench of this Court in the case of E. I. D. Parry Limited v. Agro Sales and Service, (1980) 50 Cut LT 419: (AIR 1980 Or