This is a petition to revise the order passed in I.A. No. 1102 of 1954 in O.S. No. 603 of 1954 on the file of the City Civil Court, Madras. O.S. No. 603 of 1954 was a suit filed under the summary procedure prescribed under Order 37 of the Code of Civil Procedure on foot of a promissory note executed by the defendant in favour of the plaintiff. When the defendant was served with notice of summons in the suit he instructed an advocate to appear on his behalf in order that he might obtain leave to defend the suit. The petition for leave to defend was not immediately filed notwithstanding the adjournment of the suit twice to enable this to be done. Thereupon the suit was decreed ex parte, on 20th September, 1954.

The next proceeding in the suit was an application by the defendants I.A. No. 1100 of 1954 for setting aside the ex parte decree along with an application I.A. No. 1102 of 1954 the grant of leave to defend the suit. In the common affidavit in support of these petitions, the defendant stated that he was unable to appear in Court on 20th September, 1954 and file the application for leave to defend the suit because of his illness and an ex parte decree was passed on that d