1. This is a petition by the defendant in O.S. 73 of 1948 on the file of the Sub-Court at Palghat. That was a suit for money due under two promissory notes alleged to have been executed by the defendant in favour of the plaintiff. In the suit the defendant was described as a lunatic and accordingly his younger brother Viswanathan was proposed to be appointed as his guardian. The plaint averment that the defendant was a lunatic was accepted by the trial judge who thereupon passed an order appointing Viswanathan as the guardian of the defendant. Summons of the suit was issued to the guardian alone who after acceptance of the summons chose to remain ex parte. He appears to have gone one step further and to have appeared as the plaintiff's first witness and to have proved the plaint promissory note. On the strength of such evidence the suit was decreed against the defendant on 7.10.1948. The defendant filed the present application I.A. 1540/51 on 19.10.1951 praying that the ex parte decree against him may be set aside under O. IX, R.13 of the Code of Civil Procedure and the suit restored to file for fresh disposal after hearing his contentions also. He questioned the validi