( 1 ) THIS petition is directed against the concurrent orders passed by the courts below rejecting an application filed by the petitioners husband Janaki Prasad and his two brothers Kanhaiyalal and Munnalal (respondents 4 and 5) under O. 9, R. 13 of the Code of Civil Procedure for setting aside an ex parte decree dated 13-5-1977 passed in a suit instituted by Chandrika Prasad the respondent 3 herein. Both the courts below have concurrently found that the summonses of the suit had been duly served on the three defendants, namely, Janki Prasad, Kanhaiyalal and Munnalal. The trial court rejected the application under O. 9, R. 3 on an additional ground, namely, that even if it be assumed that the service through publication was treated as irregular, the application is liable to be dismissed on the ground that despite the knowledge of the suit while the same was pending, the application for setting aside of the ex parte decree was filed seven months after the passing of the decree.

( 2 ) SRI R. N. Singh, learned counsel for the petitioner submitted that the courts below have committed a patent illegality in rejecting the defendants application under O. 9, R. 13 on the gr