1. - This is an appeal by the defendant in a suit for specific performance. The suit was filed on 9-1-1987 and was registered as Title Suit No. 2 of 1987. The defendant appeared in the suit and as many as 18 adjournments were granted to him for filing the written statement. On 6-4-1988 the Court granted a cost of Rs.40.00 to the plaintiff and again allowed time to the defendant for filing written statement fixing 11-4-88. The written statement was not filed. On 11-4-1988 it appears the judgment was pronounced which was followed by a decree as required by O. VIII, R.10 of the Code of Civil Procedure (hereinafter referred to as the Code.) On 5-8-88 an application under O. IX, R.13 of the Code was filed on behalf of the plaintiff-appellant for setting aside the ex parte decree. The plaintiff also filed an application for condonation of delay. The application for setting aside the ex parte decree has been dismissed by the impugned order dated 17-8-88. This is how the defendant has come in appeal to this Court.

2. Learned counsel appearing for the appellant submitted that the Court below should have fixed a date for the ex parte hearing before pronouncing the judgment and passin