The defendant in the suit is the revision petitioner. The revision is directed against the order passed in I.A.No.1187 of 2000.

2. The revision petitioner filed an application to condone the delay of 28 days in filing the application to set aside the ex parte decree. The suit was posted on 28.8.2000 for cross-examination of plaintiff. As the defendant was absent on the day an ex parte decree was passed. It is alleged by the petitioner that as the defendant was unwell, he could not appear before the Court and that therefore the delay in filing the application may be condoned. Along with the said application he also filed an application to set aside the ex parte decree.

3. The respondent/ plaintiff filed counter stating that the petitioner evaded service of summons for hearing on 4.8.1998 and that again the suit was posted to 27.08.1998 for fresh summons and the suit was again adjourned to 16.10.1998, but he did not choose to file written statement on 12.7.1999 and therefore he was set ex parte and when the suit was posted for evidence, the petitioner filed I.A.No.1434 of 1999 to set aside the ex parte order and the ex parte order was set aside on 27.6.2000 and that on 18.8.2000,