Krishnaswami Ayyangar, J.

1. This is a petition by the defendant in a suit on the file of the Court of Small Causes at Madras to revise an order passed by that Court refusing to set aside an ex parte decree passed against him on the 30th of April, 1938.

2. The suit was filed on the 26th of January, 1938 and the first date fixed for hearing was the 2nd of March, 1938. A summons was taken out for service on the defendant with reference to the hearing on the 2nd of March, 1938, but it was not served. The suit was adjourned to the 22nd of March, 1938, for which date a fresh summons was taken out. Unfortunately, this summons was served upon the defendant only on the 29th of March which is, it will be noticed, a week later than the date fixed for hearing. No further summons appears to have been taken out but on the 30th of April, 1938, the suit was taken up and an ex parte decree was passed against the defendant who did not appear on that date. On the 15th of June, 1938, the defendant applied to the Court for setting aside the ex parte decree with the result already mentioned.

3. The reason for the refusal of the learned Judge of the Court of Small Causes to set aside the ex parte d