G. K. MISRA, J.

( 1 ) IT is not necessary to state the detailed facts regarding the respective cases of the parties. The plaintiff's suit was for recovery of the Jeep and the new spare parts supplied for repairs and for other reliefs. On 14-11-67 the defendant filed written statement denying his liability. On 15-4-68 the suit was fixed for hearing in the Court of the First Additional Subordinate Judge, Cuttack. The plaintiff applied for time which was rejected. He accordingly got ready and filed hazira. The defendant did not appear despite repeated calls. He was set ex parte and the suit was heard ex parte. One of the employees of the municipality was examined in support of the plaintiff's case. The suit was posted to 16-4-68 for judgment. On 16-4-68 the judgment was not pronounced as the Judge was absent on leave and the suit was adjourned to 17-4-68 for judgment. On that day the defendant filed an application for recalling the ex parte order passed on 15-4-68 on the allegation that the defendant was under a confusion that there was morning Court and after coming to Court he returned back home to come again at 11 A. M. but at home he found his child severally ailing and there was