Mockett, J.

1. In this appeal Mr. Satyanarayana Rao has raised a preliminary point that no appeal lies. The facts are as follows : The appellants were defendants 2 to 14 in three suits-O. S. Nos. 58, 82 and 83 of 1943. There is no appeal by defendant 1. Before suits, attachments before judgment of substantially all the debtors properties were effected. On 21st March 1943, the defendants vakil left hurriedly for Benares to be present with his son, who was stated to be sick with small-pox. On 22nd March, it is said that an oral request was made by defendant 3 for an adjournment. On 25th March, I.A. No. 528 of 1943 was filed-an application to adjourn the case to 5th April which was dismissed; and on that day, ex parte decrees were passed in the three suits. On 2nd April 1943, I.A. Nos. 568, 569 and 570 were filed praying to set aside the three ex parte decrees. On 5th July 1943, an order was passed and in the judgment, the learned Judge said:

On the whole, I should think that the suits should be restored and sufficient costs should be awarded to the respondents as a panacea as was done by his Lordship in the ease quoted above, Venkateswara v. Subramaniam A.I.R. 1939 Mad. 974. I