AGARWALA, J.

( 1 ) THIS is an appeal against an order refusing to set aside an ex parte decree. The suit was for damages for breach of contract valued at over Rs. 14,000. The date fixed for the filing of a written statement and for framing of issues was 28-5-1946. Summons was personally served on the defendant. The defendant was a resident of another district. He arrived at the Allahabad railway station on 28-5-1946, but there was a curfew order and so he could not attend the Court. He stayed on for another day and still there was a curfew order and he could not attend the Court on that date as well. In the morning of 30th he went back to his district. The plaintiff also did not appear on the 28th of May, but appeared on the 30th of May and the Court passed the following order on that date:

"the case put up for orders today. Defendant is absent. There is no curfew order today. It is therefore ordered that the case be put up for final disposal on the 31st of May 1946. If the defendant appears on that date then he may file a written statement. "

The defendant had no knowledge of this order and did not appear on 31-5-1946. But the plaintiff appeared and the suit was decreed ex parte.

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