( 1 ) THIS revision under Section 115 of the Code of Civil Procedure (for Short the Code ) is directed against the order dated 7th December, 1983 of the Commercial Sub Judge, Delhi dismissing the petitioner"s application under Order 9 Rule 7 of the Code.

( 2 ) BRIEFLY the facts are: That Mr. S. P. Gupta plaintiff respondent on 18th October, 1982 filed a suit for recovery of Rs. 22,622. 70 on account of price of goods against the defendant-petitioner. Summons of the suit were issued for 19th April, 1983. The petitioner was served with the summons on 3rd February, 1983 but there was no appearance on its behalf on 19th April, 1984. The trial court ordered the defendant to be proceeded ex-parte and fixed 17th August, 1983 for recording ex-parte evidence which was recorded and the suit was adjourned for hearing arguments and orders to 30th Septem her, 1983.

( 3 ) THE petitioner-defendant on 30th September, 1983 fifed an applicalion to set aside the order proceeding ex-parte supported by an affidavit of the Director of the defendant company. The petitioner in its application has alleged that it was served on 3rd February, 1983 with the summons and a copy of the plaint b