This miscellaneous first appeal by the defendant under ORDER :43 Rule 1(d) of the Code of Civil Procedure (hereinafter called the Code) has arisen under these circumstances. The plaintiff-respondents filed a mortgage suit, no. 22 of 1964, against the appellant on 10.7.64. ORDER :no. 4, dated 25.8.64 shows that summons on the defendant was returned after service. ORDER :no. 5, dated 24.9.64, records the fact of service of notice of the suit by registered postcard on the defendant. On that date, he appeared through a lawyer and filed a petition praying for time to file written statement. Time till 24.11.64 was granted, and further time was granted on that date and on subsequent dates until 5.1.65 to file written statement, on which date also the appellant filed a petition praying for time to file written statement. On 5.1.65, as ORDER :no. 7 shows, the court rejected the time petition and posted and adjourned the suit to 18.1.65 "for exparte hearing". On 18.1.65, the appellant again filed a petition praying for time to file a written statement. The petition was rejected and the ORDER :passed was.-"Put up tomorrow for exparte hearing." On 19.1.65, the defendant did not appea