JUDGMENT :

B.K. Patra, J. - This application in revision is against an order dated 6-1-1968 setting aside an ex parte decree passed against the opposite parties. The Petitioner as Plaintiff brought Title Suit No. 45 of 1966 on the basis of a registered mortgage bond executed by opp. party No. 1 as Karta of the joint family consisting of himself, his son opp. party No. 2, and his wife opp. party No. 3. Opp. party No. 2 being a minor was represented in the Suit by his father and natural guardian opp. party No. 1. Opp. party No. 1 for self and as guardian for his minor son filed a written statement, the plea taken being essentially a plea of payment. This written statement was adopted by opp. party No. 3. The suit was fixed for hearing to 23-8-1967. As the opp. parties remained absent an ex parte decree was passed against them. Thereafter, an application under Order 9, Rule 13, CPC was filed by opp. party No. 1 on behalf of himself and his minor son, opp. party No. 2. Opp. party No. 3 has also joined in the application. The plea taken was that on the date of hearing opp. party No. 1 fen ill and his wife opp. party no 3 who is a purdanashin lady had to stay away at home to attend on her