M. N. SHUKLA, J. :-This is a defendant s appeal from an order rejecting an application under Order 9, Rule 13. C. P. C. for setting aside the ex parte decree.

2. The plaintiff respondent made an application on 24th May, 1972 for leave to file a suit in forma pauperis for recovery of Rs. 23,202.10P. from the defendant. It is significant that the defendant appeared at this stage and contested the said application. It is also necessary to mention that the plaintiff applied under O. 38 R. 5, C. P. C. for attachment before judgment. This again was contested by the defendant. The leave to

sue in forma pauperis was granted on 24th Jan. 1974. The application for attachment, we have been informed, was dismissed. Thereafter fresh summons was issued to the defendant company and the court by its order dated 22nd Dec. 1975 held that the summons has been sufficiently served on the defendant. In these circumstances, an ex parte decree was passed against the defendant on 4th March, 1976. On 11th March, 1976 an application supported by an affidavit was moved by one Sri Rama Shankar Upadhya claiming to be the attorney of the appellant. The application was dismissed by the impugned order dated