This is a revision petition filed by the defendant against the order of the Second Judge of the Court of Small Causes, Madras, dismissing an application to set aside an ex parte decree passed on 26th August, 1948. The plaintiff filed a suit against the defendant residing in Bombay for recovering a sum of Rs. 636 being the amount due to him in respect of goods sold and delivered to the defendant. The suit stood posted to 4th August, 1948 for hearing, and summons was taken out by the plaintiff but it was not served on the defendant till 2nd August, 1948. On that date the defendant seems to have sent a telegram to the office of the Registrar of the Court of Small Causes, requesting the Court to grant him time; but this does not seem to have been brought to the notice of the Court on 4th August, 1948, to which date the case was fixed for hearing. Since the summons was not returned, it was directed that substituted service should be effected upon the defendant, and the case was posted to 26th August, 1948, for final hearing. As the defendant did not appear and contest the suit on that day a decree was passed ex parte for a sum of Rs. 636-4-0.

The defendant filed an application on