JUDGMENT - 1. This appeal is filed by the defendant in a suit being suit No. 1588 of 1954 against the order passed by the learned City Civil Court Judge on the chamber summons which wss taken out by the defendant on 26th February 1958 dismissing it with costs.

2. In the suit which was filed by the plaintiff respondent against the defendant an ex parte decree was passed on 18th November 1957. The defendant thereafter took out a notice of motion for setting aside the ex parte decree on the ground that he was unable for sufficient reasons to attend the hearing of the case in the circumstances set out in the affidavit in support of the notice of motion. That notice of motion was disposed of by the City Civil Court on 29th January 1958, and the order that was passed on the notice of motion by the learned Judge of that Court was that on the defendant depositing Rs. 1,500 within four weeks and on paying a sum of Rs. 100 being the costs thrown away on 18th November 1957 and a sum of Rs. 75, being the costs of the notice of motion within four weeks to the plaintiff the ex parte decree be set aside and that it the said amount was not deposited and the said amounts were not paid the notice of

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