( 1 ) SRI A. L: Narayana Rao, the learned Counsel for the petitioner contends that the lower court failed to exercise its jurisdiction inasmuch as he has not followed the mandatory provisions of Order 9 Rule 13 of the code of Civil Procedure. The petitioner herein is the plaintiff in O. S. No. 75/1972. The suit was posted to 5-3-1976 finally and from that date to 20-3-1976 peremptorily. On 20-3-1976 the defendant was absent. The learned Subordinate Judge set the defendant exparte and passed an ex- parte decree on that date. The defendant filed an I. A. No. 287 of 1976 for setting aside the exparte decree. In the affidavit filed along with the I. A. , he contended that on 20-3-1976 he was suffering from influenza fever and he was not able to attend the Court and he had treatment from P. W. 2 a senior physician. Homeopathic Hospital, Gudivada. In the enquiry held by the learned Subordinate Judge the defendant examined the doctor as P. W. 2 to prove that he had taken treatment from P. W. 2 for his fever. P. W. 2 gave evidence stating that the defendant was suffering from fever on 20-3-1976 and he treated him and he also issued a certificate and the hospital records would s