CHAGLA, C.J. :- This is an appeal from an order of Mr. Justice Tendolkar who refused to set aside an ex-parte decree passed against the defendant. The decree was passed in a running down action. The suit was filed on October 14, 1947, and the summons was served upon the defendant by substituted service on December 6, 1947. Messrs. Mulla and Mulla filed their appearance on behalf of the defendant, but no written statement was filed, and the suit appeared before the learned Judge for hearing on June 27, 1951, and as the defendant was absent, an ex-parte decree was passed. A motion was taken out by the defendant on July 26, 1951, to set aside this ex-parte decree, and as mentioned before the learned Judge dismissed the motion.

2. Now, dealing first with the narrow question as to whether there was any sufficient cause for the non-appearance of the defendant on June 27, 1951, we entirely agree with the view taken by the learned Judge below that there was not sufficient cause. Although Messrs. Mulla and Mulla were on the record, no written statement was filed and no proceedings were taken in the action by the defendant. Messrs. Mulla and Mulla were not even instructed to apply fo