JUDGMENT

Suhrawardy, J. - The facts of this case are that the Plaintiff-Respondent brought a mortgage suit against the Defendant-Appellant on the 4th May 1922. After several adjournments the ease was fixed for hearing on the 24th July 1923. On that day the Defendant's pleader stated that he had no instruction and an ex parte preliminary decree was passed in favour of the Plaintiff. The Defendant thereafter applied for a re-hearing of the case under Order 9, Rule 13. That application was registered and the 16th February 1924, was fixed for hearing of the re-hearing case. On that date the Defendant applied for time on the ground of illness. The prayer was rejected and the re-hearing case dismissed for default. On the same day, namely the 16th February 1924, the Court on the application of the Plaintiff passed the final decree for the sale of the mortgaged properties. On the 25th February 1924 the Defendant filed an application for setting aside the order dismissing his application under Order 9, Rule 13. That application was registered and finally disposed of on the merits on the 7th April 1924. The present appeal was filed in this Court on the 15th May 1924 against the orders, dated