K.P. Balanarayana Marar, J.

1. The questions of law which arise in this second appeal are:

1. In an appeal from an exparte decree can the appellate court consider the reason for the defendant's non appearance at the hearing and determine whether the court below was right in proceeding ex parte?

2. Whether the only question which can be considered in appeal is whether the decree can be sustained on the merits or in other words, whether the evidence on record is sufficient to support the exparte decree?

3. If the appellate court comes to the conclusion that the suit ought not to have been heard exparte has it the power to remand the case for rehearing to the lower court?

2. Defendant in a suit for injunction is the appellant herein. After completion of the evidence on the side of the plaintiff the suit was adjourned for adducing the evidence on the side of the defendant. On the adjourned date counsel for defendant reported no instructions. Defendant also remained absent. The trial court proceeded exparte and decided the suit or merits. A decree for injunction was granted in favour of the plaintiff. On appeal, the Subordinate Judge, Kozhikode concurred with the decision of the tria