K.K. Usha, J.

Defendant in O.S. No. 458/90 before the Court of the Prl. Sub Judge, Kottayam and the petitioner in I.A. 2906/92 is the appellant. The suit was filed by the respondent herein for money due under a promissory note. The appellant after entering appearance in the suit filed his written statement denying the execution of the promissory note. When the suit came up for trial in the special list on 8.7.1992 the defendant was not present and the suit was decreed ex parte on 14.7.1992. LA. No. 2906/92 was filed under O. IX R.13 of the Code of Civil Procedure by the defendant for setting aside the ex parte decree. It was posted to 2.9.1994. It was then adjourned to 30.2.1992, 5.12.1992 and 6.2.1993. There after on 16.9.1993 objection was filed. It was adjourned to6.11.1993 and then to 5.1.1994 for evidence. The petition was being adjourned from time to time and it was posted to 2.9.1994. On that day the petitioner was not present. The court below dismissed the petition recording that the petitioner is not present and no evidence was adduced. The above order is under challenge in this appeal.

2. The main contention taken by the appellant is that I. A. No. 2906/92 shoul