(1.) This appeal, by defendant 1, which arises out of a suit for setting aside an ex parte decree, on the ground, of fraud, is from a judgment of reversal of the learned Additional Subordinate Judge, Chapra, who reversed the judgment of the first court, and decreed the plaintiff's suit.
(2.) The facts are these: Defendant 1, the appellant as plaintiff brought a title suit, Title Suit No. 23 of 1952 in the court of the 3rd Munsif at Chapra against the plaintiffs respondents.
(3.) In that suit, the appellant claimed a declaration that the respondents' right to redeem the zerpeshgi which was the subject matter of that suit, had been extinguished, because of the expiry of the statutory period of 60 years, and therefore, he also asked for confirmation of his possession.