( 1 ) THIS is an application in revision by the defendant against an order passed in appeal by the learned Civil Judge of Faizabad refusing to set aside an ex parte decree.

( 2 ) THE facts of the case are that on 18-2-1946 a suit was brought by the plaintiffs as against gobardhan Ram and Bhagoti Ram. Gobardhan Ram is the present applicant and he was personally served with the notice of the suit. A written statement was Bled by him oa 15-4-1946. There was a preliminary issue involved in the case about the valuation of the suit and a commissioner was appointed for ascertaining the market-value. Objections were filed to that report and in the first instance the learned Munsif ordered that that issue will be decided first before the final case is decided. But later on, on 3-2-1947 the learned munsif was of opinion that the question of jurisdiction would not he a pure question of law but would also involve the decision on the merits of the suit itself and, therefore, he adjourned the decision of that issue and wanted to decide the, suit itself on merits and decide all the issues instead of taking them separately. A date was fixed in the case for framing of the issues and ultimately 5-3-

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