( 1 ) THIS petition under Section 25 of the Provincial Small Cause Courts Act, is filed against the order of the Additional Judge, Small Cause Court, Delhi, dated 13-ll-?9, dismissing the application of the petitioner under Order Rule 13, Civil Procedure Code. for setting aside an ex-parte decree passed against him. The respondent herein, filed suit No. 2687 of 1957 for recovery of Rs. 600. 00 from the petitioner herein. The petitioner contested the suit. The evidence was recorded and on 29-5-59, the case was adjourned to 11-6-59 for the remainining evidence. On 11-6-59, the petitioner herein did not appear and the Court passed an ex-parte decree.

( 2 ) FROM the records what transpires is that after the case was adjourned on 29-5-59, the petitioner herein, went to Kota to attend to his business and there he fell ill, with the result, he was not able to return lo Delhi to attend to his case on 11-6-59. He obtained a medical certificate from the Medical Officer, Suraj Pur Dispensary, Kota, of the Rajasthan Medical Dtpartment, on 8-6-59 and sent the same by post to his council at Delhi on 9-6-59. However, it reached the counsel on 12-6-59. There after, on 13-6-59, the