JUDGMENT - SHARAD MANOHAR, J.:---Both the appeals arise out of the same suit. A.O. No. 416/1982, however, arises out of the order passed by the trial Court refusing to set aside the ex parte decree passed against the present appellant, who was the defendant in the suit, while First Appeal No. 710/1982 is filed by him, by way of abundant caution, against the ex parte decree itself challenging the same on merits.

As will be presently pointed out, the appeal from order has got to be allowed because the learned Judge has dismissed the defendant's notice of motion for setting aside the ex parte decree without really applying his mind to the facts and equities of the case. Moreover, he has confused and jumbled between the application for setting aside the ex parte decree and the merits of the defence. I am stating here that since I am allowing the appeal from order and setting aside the ex parte decree passed against the defendant, it is unnecessary for me to admit First Appeal No. 710/82 and to appreciate the reasoning of the learned Judge while passing the ex parte decree. But I make it clear that if it was necessary, I would have not hesitated to admit First Appeal No. 710/1982 becaus

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