These two appeals are preferred by the respondent in the petition O.P. No. 23 of 1950, which was filed by the respondent herein under Act VI of 1949 for a declaration that the marriage between him and the appellant should be dissolved.

The petition itself was filed on nth February, 1950. Counter was filed on 19th June, 1950. The learned Subordinate Judge did not frame any issues but posted the petition for trial to the 26th of July, 1950. Then, on the 26th of July, 1950, the appellant put in an application for adjournment of the trial of the petition on the ground that she was suffering from dysentery and colic pain. An affidavit also was filed in support of that petition together with a medical certificate from a qualified registered medical practitioner. This petition was dismissed by the learned Subordinate Judge with the observation that he did not think that there were any bona fides in the petition for adjournment. Thereafter, the learned Subordinate Judge allowed the petition ex parte against the appellant. The appellant thereafter preferred a petition under the Code of Civil Procedure for setting aside the ex parte decree and for giving an opportunity to the appell