RAJAMANNAR, C.J. :- This is an appeal by the defendants in O.S. No. 233 of 1945 on the file of the Subordinate Judge of Coimbatore from the decree passed against them in the following circumstances. On 21-10-1946 the defendants were set ex parte and a decree was passed against them after the plaintiffs had examined two witnesses and filed two documents. On application by the defendants, the ex parte decree was set aside.

After the suit was thus restored to file, it was adjourned once, because the defendants were not ready, and, finally trial stood posted to 13-12-1950. On that day, an adjournment was asked for on the defendants behalf, but was refused. Thereupon defendants vakil reported no instructions. The defendants were called and were absent and they were set ex parte. The learned Judge then passed a decree as prayed for. The judgment, which is short, is as follows :

On the evidence already on record, the suit is decreed as prayed for with costs. Time two months."

The contention of Mr. S. Ramachandra Aiyar, learned counsel for the defendants-appellants, is that the evidence adduced by the plaintiff on the prior occasion before the ex parte decree was set aside is not leg