( 1 ) THIS is a defendants appeal. The suit was for the recovery of Rs. 26,738/ -. There were several defendants. The present appellants were defendants Nos. 3 and 4. We are not concerned at present with the other defendants. The appellants were duly served with summonses. They had filed their written statements. Issues had been framed on the basis of their written statements and the ease came up for hearing on the 25th of August, 1949. On that date the appellants were absent and their counsel stated that he had no instructions. The case was, therefore directed to proceed ex parte againt the appellants. The plaintiff examined one witness in support of his case against these appellants. The suit was decreed ex parte against them. Subsequently the appellants applied for the setting aside of the ex parte decree against them. As they showed sufficient cause for absence on the 25th of August 1949 the date on which the ex parte decree had been passed, their request was accepted, the ex parte decree against them was set aside and the suit was restored to its original number so far as they were concerned. The case could not be taken up for some time for various reasons. Ulti