( 1 ) THIS is an application by a defendant in revision against an order of the courts below dismissing his application for the setting aside of an ex parte decree.

( 2 ) THE opposite party filed a suit against the applicant. On 15-4-1950, which was the date for the filing of the written statement by the applicant, the applicant was absent and the court ordered that the suit would proceed ex parte against him and fixed 3-5-1950 for ex parte evidence. When the suit was called out for hearing on 3-5-1950, neither the opposite party nor the applicant was present and the court dismissed the suit in the absence of the parties. Later, at the request of the opposite party, the suit was restored but without any notice having been given to the applicant. After restoring the suit, the court again proceeded ex parte against the applicant, gave him no notice of the next date fixed for recording ex parte evidence and on 12-7-1950 passed an ex parte decree against him. The applicant then applied for the setting aside of that decree and that application has been dismissed by the courts below.

( 3 ) THE first contention of the applicant is that the suit should not have been restored with