Khosla, J.

1. This appeal under Clause 10 of the Letters Patent arises out of an application to set aside an ex parte decree passed in favour of Harnam Singh appellant. The facts briefly are that Har-nam Singh brought a suit for the recovery of Rs. 8,500/- in the Court of the Senior Subordinate Judge, Ferozepore. The suit was transferred to the Court of Mr. Gambhir, Subordinate Judge and then the appellant Sodhi Harnam Singh applied under Section 24, Civil P. C. for the transfer of the suit to another Court. This application was allowed by the District Judge Who on 18-2-1950 ordered that the case be transferred to the Court of Subordinate Judge, Fazilka at Muktsar. The 8ubordinate Judge at Fazilka used to visit Muktsar every month. Parties were also directed to appear before the Subordinate Judge, Muktsar on 18-3-1950. On that day the case was taken up by the Subordinate Judge at Muktsar but the defendant did not appear. The case was then heard ex parte and some evidence was taken on 10-4-1950. On the same day an ex parte decree was passed in favour of the plaintiff. On 9-6-1950 an application was made by the defendant-judgment-debtor for setting aside the ex parte decree u