M. P. CHANDRAKANTARAJ, J.

( 1 ) THIS revision petition is directed against the order dt. 19-8-1988 made in Misc. Case No. 10/1985 on the file of the Civil Judge, Mangalore, Dakshina Kannada District. That petition was one made under O. IX, R. 13 of the C. P. C. The prayer therein was to set aside the ex parte decree passed on 28-2-1985 in S. C. No. 376/1983 on the file of that Court. On the pleadings in the said miscellaneous case, the lower Court formulated the following three points for consideration : (1) Whether the decree passed in S. C. No. 376/1983 on the file of this Court dt. 28-2-1985 is an ex parte decree? (2) Whether the petitioner proves that he was prevented from attending the Court and his advocate's office due to family dispute and illness and he had a sufficient cause in not attending the Court during the month of January and February, 1985? (3) Whether the petition is barred by time?on all the points for consideration, the Court held against the petitioner. Therefore, the present revision petition. In this Court, when the matter was heard last time, I recorded the following in the order sheet :"the short question which falls for consideration in this revision under

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