Yogeshwar Dayal, J.

( 1 ) THIS is a petition for revision on behalf of the pi untiffs decree-holders against the order of the trial court dated December 20. 1972, setting aside the ex parte decree passed against the respondent-objector, S. D. Khandepal in favour of deceased Pvare Lal

( 2 ) THE deceased Pyare Lal on 24th October, 1962, filed a suit against the respondents. D. Khandepal and one Satendar Kumar for dissolution of patnership and rendition of accounts The respondent Khandepal filed his written statement on l2th December. 1962. Thereafter, Khandepal renpondent was called for army duty and be could not appear in court nor could he send instructions to his counsel with the result that the proceedings were hard in his absence. In spite of letter of request dated 22nd April. 1964 (Exhibit OW 2/1) issued by the Commanding Officer whereby the court was requested to adjourn the proceeding, and inspite of written application of his counsel dated 21st November, 1964, praying for adjournment and also staling that he bad no instructions, the trial court ultimately on 7th December, 1964, passed a preliminary decree for accounts and appointed a local commissioner. The local Commissione

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