(1.) This Rule at the instance of the plaintiff-petitioner was issued on an application under section 115(1) of the Code of Civil Procedure calling in question the legality of judgment and order dated 18.8.1996 passed by the Senior Assistant Judge, Gaibandha Sadar allowing an application under Order IX rule 13 of the Code on setting aside the ex parte decree passed in Other Class Suit No. 152 of 1994.