JUDGMENT

1. This is an appeal from an order refusing to set aside an alleged ex parte decree passed against the defendant. The case came up for hearing on 22nd January 1934 when it was adjourned till 19th February 1934. The record kept by the Court below is most confusing. According to the note made by the Judge in English the case was adjourned at the instance of both the plaintiff and the defendant. According to the entry made in the order-sheet the case was adjourned at the request of the plaintiff, while according to paper No. 420, the case was adjourned on a statement having been made by the defendant's counsel that there was a prospect of a compromise, and this was countersigned by the plaintiff's counsel also.

2. It may therefore be taken that the case was adjourned with the consent of both the parties. On 19th February 1934, some time early in the day, a list of witnesses, signed by the defendant's counsel, was filed as required by the proviso to Order 16, Rule 1, under which no party is entitled to call any witness not named in a list, which must be filed in Court before the hearing of evidence on his behalf has commenced, without an order of the Judge. The list of witnesses