Hemant Gupta, J.

1. The defendant is in revision petition aggrieved against the order passed by the Courts below whereby application for setting aside of ex parte decree was dismissed.

2. In a suit for recovery filed on behalf of the plaintiff, the defendant put in appearance through his Advocate on 15.05.1995 after filing power of attorney and sought time to file written statement. Time was granted to the defendant to file written statement again on 12.6.1995. Subsequently, on 21.07.1995 adjournment was sought as written statement could not be filed. Adjournment requested was granted on payment of Rs. 50/-as costs. On 11.8.1995, costs were paid but written statement still was not filed and time was granted on payment of Rs. 100/- as costs. On the next date i.e. 5-9-1995, neither written statement was filed nor costs were paid but learned Counsel for the defendant made a statement that he has no instructions. Since the defendant was not present, he was proceeded against ex parte. The case was adjourned for ex parte evidence on 23.9.1995. Subsequently, ex parte decree was passed on 2.11.1995. The present petitioner moved an application for setting aside ex parte decree on 25