Madhavan Nair, J.

1. The first defendant is the petitioner. The facts of the ease are clearly set out in the order of the learned District Judge. These appear to be as follows : a money-decree was passed ex-parte against the petitioner. He put in an application to set aside the ex-parte decree and on that application the learned District Munsif passed an order to this effect that "the ex-parte decree will be sot aside if in two weeks petitioner pays to plaintiff all costs of suit so far incurred unconditionally and further he puts the suit amount and interest decreed into Court in 14 days. If he does not pay, petition will stand dismissed with costs." He also made a note on the order that the petition is to be called for final disposal on the 13th September, 1923. It appears from the B diary that this application was postponed from time to time, and it was posted for final disposal on 20th September, 1923. On that date an application was made by the petitioner for permission to give immovable property as security for the amount. The District Munsif disposed of this petition as well as the original petition, Miscellaneous Petition No. 538 of 1923, namely, the petition to set