1. Heard.

2. This Misc. Appeal has been preferred by the appellant as he is aggrieved by the impugned order dated 7-7-2003 passed by First Additional District Judge, Raigarh in Misc. Case No. 8/2003 and by which the application of the defendant/appellant for setting aside exparte decree dated 25-9-2001 has been dismissed.

3. Learned counsel for the appellant submits that the appellant was prevented by appearing in the proceedings before the trial Court as he believed in the assurance of the advocate who had advised him not to appear on the date of proceedings before the trial Court and they shall be intimating him as and when his presence is required in the case and believing upon the said assurance, counsel for the appellant did not attend the Court and subsequently when he went to Raigarh on 12-12-2001 in connection with some marriage, he was appraised by his counsel Shri Manikpuri, Advocate about exparte decree passed against the appellant.

4. The reason assigned by the appellant is bona fide. Learned Court below has committed illegality by not allowing the application for setting aside the exparte decree and the judgment is erroneous wherein it is mentioned that the advoc