( 1 ) THIS First Appeal From Order is against an order dated 12th May, 1987 passed by the Civil Judge, Gyanpur, Varanasi, rejecting the application moved by the appellant for setting aside the ex parte decree dated 13th January, 1987.

( 2 ) THE brief facts of the case are that the plaintiff-respondent filed Original Suit No. 72 of 1986 against the defendant-appellant for recovery of Rs. 72,250/ -. A written statement was filed by the appellants on 20-8-86. On 22-10-86, however, the suit was dismissed under O. 9, R. 3, CPC as neither party appeared when the suit was called for hearing. The same day, however, the plaintiff-respondent filed an application under O. 9, R. 4, CPC and the Civil Judge without issue of any notice to the appellants and relying on the affidavit filed by the plaintiff-respondent restored the suit to file on 22-12-86 and fixed 13-1-87 for hearing. On this date, i. e. 13-1-87, the defendants had no notice. The Court passed an ex parte decree decreeing the suit after accepting the ex parte evidence of the plaintiff. The grievance of the defendant-appellants is that after the dismissal of the suit of 22-10-86 under O. 9, R. 3 the defendants came to