( 1 ) THE appellant, who is defendant No. 1 in o. S. No. 114/1991 has filed this. Civil miscellaneous Appeal against the order of the learned Additional Subordinate Judge, ongole, dated 07-02-1994 in C. F. R. No. 8415/1993 in O. S. No. 114/1991 in dismissing the application of the appellant which was filed under Order 9 Rule 13 c. P. C. to set aside the ex parte decree dated 06-08-1993.

( 2 ) THE brief facts of the case are that the appellant is the 1st defendant in the suit. The said suit was posted to 15-06-1993 for his evidence. The plaintiff s evidence was closed on 24-02-1993 and the matter was adjourned for the evidence of defendants to 10-3-93, 23-3-93 and 12-04-93. Since the defendant did not adduce any evidence, the evidence of the defendant was closed and the matter was posted for arguments on 22-04-1993 and from 22-04-93 the suit was adjourned on payment of costs to 15-06-1993. Since the Officer was on Casual leave on 15-06-1993, it was adjourned to 29-06-1993. On 29-06-1993, the defendant neither paid the costs nor present himself nor appeared through his Counsel. Therefore, the matter is posted for arguments and the suit was decreed on 06-08-1993. The a