( 1 ) THIS appeal is against a judgment and decree of P. C. Mallick, J. , dismissing a suit to set aside an ex parte decree on the ground of fraud. The ex parte decree was passed by the Madras City Civil Court on April 5, 1949 in suit No. 555 of 1948, which was brought by the respondent in this appeal against the appellant herein for recovery of price of goods sold and delivered. On 16th January 1951 the present appellant filed a suit in this Court against the respondent for setting aside of the said ex parte decree on the ground that the respondent obtained the said decree by fraud. This suit came up for hearing before Mallick J. The learned Judge has come to the conclusion that the plaintiff has failed to establish the case of fraud set up by him and he has, therefore, dismissed the plaintiffs suit.

( 2 ) BEFORE us the learned counsel for the appellant has contemted that the learned trial Judge is wrong in his finding that the case of fraud has not been established. The learned counsel has drawn our attention to the evidence given by Radhakissen Sunderlal, the Chief Accountant of the defendant company where this witness his deposed about the various attempts made