( 1 ) THE revision petition under Section 115 of the Code of Civil Procedure is directed against the order dated 6th November, 1980 of the Subordinate Judge, 1st Glass) Delhi whereby he dismissed the petitioner s application under Order 9 rule 7 of the Code on the ground that the application was barred by time. The brief facts are as follows:-

( 2 ) THE plaintiff-respondent No. I filed a suit for injunction against the petitioner D. D. A. The summons of the suit was served on the petitioner for 30th April, 1979 but no body was present and therefore it was proceeded ex parts. The trial court adjourned the suit to 16th August, 1979 for recording ex parte evidence. The petitioner made an application under Order 9 rule 7 of the Code on 16th August, 1979 before the trial court allgeing that Mr. K. P. Sharma, Advocate was the counsel for the Delhi Development Authority who was engaged in the case and as he was busy in his personal matter, he could not attend the case at the time when it was called for hearing, that at about 10. 55 A. M. when the counsel for the petitioner attended the court he came to know that the petitioner had been proceeded ex parte and the date fixed