Wanchoo, C.J.—This is an appeal by Chhagan Raj and others against the order of the Civil Judge, Jodhpur, dismissing the application of the appellants for setting aside an ex parte decree.

2. The facts which have led to this appeal are these. A suit was brought against Bandmal, father of the appellants, on the 9th August, 1951. 2lst September, 1951, was fixed for hearing, Bandmal was served, but did not appear on that day. A telegram was sent to the court by one Raghunathmal praying for adjournment on the ground that Bandmal was ill. The court refused to adjourn the case on this telegram on the ground that it was not sent by a person who was a party to the suit. It took ex parte evidence on behalf of the plaintiffs on that date and an ex parte decree followed thereafter on the 27th September, 195l. Thereupon, an application was made on the 11th October, 1931, for setting aside the ex parte decree. The case of Bandmal was that he was ill on that day and could not, therefore, appear in court. The decree-holder respondents put Bandmal to proof of his allegation regarding illness. No evidence was, however, taken by the court. There was an affidavit by Bandmal but that was filed suo-moto

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