C. L. Chaudhry, J.

( 1 ) THE defendant has filed this application under Order 9 Rule 7 read with Section 151 Civil Procedure Code for setting aside ex parte proceedings taken against the defendant. is stated that thcase was noticed by the counsel for the defendant on 3. 4. 1992 as Item No. 4 in Short Cause List of this Court and when the counsel appeared before the court he was informed that the defendant had been proceeded ex parte and ex parte evidence had been recorded in the case, arguments had been heard, the case had been reserved for pronouncing judgment. From the court record it transpired that the dales of trial in this case were fixed from 24. 1. 1992 to 28. 1. 1992. The case was listed before the court on 24. 1. 1992. 27. 1. 1992, 28. 1. 1992. and 29. 1. 1992 and this court recorded exparte evidence of the plaintiff on 28. 1. 1992 and 29. 1. 1992. The defendant in this case was availing the services of Shri Raghubir Malhotra. Advocate who was conducting his case and he informed the defendant that (he dates of trial were from 20. 7. 1992 to 24. 7. 1992 and the defendant noted the dates accordingly. Thereafter the defendant engaged the present advocate, who was informed of

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