Judgement

ORDER :- This is an application of the defendant No. 1 challenging the order dated 2-3-1977 made by the learned trial Judge rejecting her application under O. 9, R. 7 of the Civil P. C.

2. Money Suit No. 6 of 1976 was instituted on 20th March, 1976, for recovery of a sum of Rs. 2,500 along with interest on the footing that the defendant No. 1 had undertaken to pay the said amount representing 50% of the consideration of a registered sale-deed. Several adjournments were taken by the defendant to file written statement and the Court had given extension till 1st of Feb., 1977, peremptorily for the purpose. An application for further time to file written statement was rejected on 1st of Feb., 1977 and the suit was posted to 8-2-1977. On that date, defendant having not taken steps she was set ex parte and the suit was posted to 17-2-1977 for ex parte hearing. On this adjourned date, an application under O. 9, R. 7 of the Civil P. C. was filed which the learned Trial Judge has rejected on 2nd March, 1977. Before the Civil Revision was filed in this Court, the suit was decreed ex parte on 13-5-1977.

3. An objection regarding maintainability of this revision has been raised by Mr. M