JUDGMENT

Ashworth, J. - This is an application in revision against an order of the Munsif of Pilibhit, dated the 20th May 1926, setting aside an ex parte decree. The present applicants brought a suit against the father of the non-applicant. A written statement was filed in the suit by the father which shows that he must have been served with the summons referred to in Article 164 of the Limitation Act. The father then died. Presumably the non-applicant was brought on the record as a son of the defendant. He, however, failed to appear on the date fixed for the hearing of the case and a decree was passed ex parte against him on the 15th December 1925. On the 19th April 1926, the non-applicant applied for setting aside of the ex parte decree against himself on the ground that, although he was aware of the case against his father being fixed for the 15th December, he had been under the impression that this date was not for final disposal but merely for bringing his name on the record and reached the Court late that day. The Munsif wrote the following order on the application for restoration.

The suit restored, The applicant to pay Rs. 7 as costs subject to which the case is restored. Fix