This appeal filed on 9.2.98 under Order 43, Rule 1 (d) CPC, is directed against the judgment and order dated 24.2.97, passed by Additional District Judge, Kamrup, Guwahati in Misc Case No. 71 of 1991 arising out of Probate Misc Case No.339 of 1988, thereby rejecting the petition under Order 9, Rule 13, read with section 151 CPC, for setting aside exparte order dated 4.4.89 passed in the aforesaid Probate case.

2. This appeal was admitted for hearing on 3.3.98, when notices were directed to be issued, an interim order was also passed with direction to appellant's counsel to serve by registered post, copies of the appeal memo, application for injunction and also by hand to learned counsel who appeared for the respondent before the lower Court. Accordingly, on 17.3.98 Mr. Roy, for the respondent prayed for the time till 23.3.98, when the counsel for the appellant sought some time in view of the bulky reply filed by the respondent and secondly it was submitted that some allegations have been made against the learned counsel appearing for the appellant and in support of the allegations the copying application No.176/97 has been filed by the respondent as Annexure 13. Ap