( 1 ) THIS is a defendants Second Appeal from an ex parte decree passed by the trial Court and confirmed on first appeal by the Lower Appellate Court. The ex parte decree was passed by the trial Court after the defendant-appellants counsel, Mr. Ganga Ram Talwar, had reported "no instructions" and did not participate in the further hearing, although he remained present in the court. The defendant-appellants husband, who was her pairokar, was also present, but took no steps for the further defence of the case, although the trial Court did also grant some short time to him to properly instruct some counsel.

( 2 ) THE complaint of the learned counsel for the appellant is that after Sri Ganga Ram Talwar had reported "no instructions", the trial Court could only proceed under Rule 2 of Order 17 of the civil P. C. , that is to say in one of the rnodes prescribed by Order 9, but the operative portion of the decree passed by the trial Court says that the suit was being decreed against the defendant appellant, who was defendant No. 5, on contest and was being decreed against the other defendants ex parte. No application for setting aside of the ex parte decree was made under