1. The revision petitioner is the defendant in the suit O. S. No. 841 of 1968 on the file of the Munsiff's Court, Manjeri. The suit was one for recovery of certain amounts. The suit was originally decreed ex parte, but that decree was set aside on 16 81969. Thereafter the suit was posted for filing written statement of the defendant to 12 91969. No written statement was filed on that day and the case was adjourned to 26 91969. That day also the statement was not filed. Further time was granted till 3101969, and yet the written statement was not filed. Thereafter time was granted upto 21-10-1969. That day not only no written statement was filed, but the defendant was not present also, and his Advocate reported no instructions. The court, therefore again decreed the suit ex parte.

2. On 3110 1969 the defendant filed I. A. No. 2809/69 under Order IX, R.13 of the Code of Civil Procedure for setting aside the exparte decree stating inter alia that he was laid up, and producing Ex. Al medical certificate in support of his contention. This petition was resisted by the plaintiff. Finally, the learned Munsiff passed an order setting aside the ex parte decree on condition that the