This revision is directed against order passed by the court below refusing to condone the delay of 730 days in filing the petition to set aside the ex parte decree passed against the petitioner.

2. The facts which are necessary for disposal of this revision can be stated as follows : The respondent herein filed a suit for recovery of money in respect of goods sold and delivered and the suit was decreed ex parte on 3-12-1984. Neither the revision petitioner nor his counsel appeared nor filed a written statement. According to the revision petitioner he had engaged one Kannathasan, Advocate and also signed the written statement and gave it to him and he was expecting communication from the advocate but no communication was received and he was under the impression that the suit was pending. But he came to know of the ex parte decree only on 21-11-1986 when he received the notice in the execution petition filed on the basis of the ex parte decree. According to him, it is only because of the trust he imposed on his counsel he could not fear and so he did not appear in the court and the ex parte decree was passed. As such the delay must be condoned.

3. Opposing the said petition