( 1 ) THIS is a defendants' first appeal against the judgment and decree dated 167-1977 passed by the Additional District Judge, Betul, in Civil Suit No. 2-A of 1977, acting under Order VIII, Rule 10, Civil P. C.

( 2 ) THE point for decision in the present case is; the true effect of Sub-rule (1) of rule 1; Sub-rule (2) of Rule 5 and Rule 10 of Order VIII, Civil P. C. , as they now exist after the recent amendment of the Code by the C. P. C (Amendment)Act No. 104 of 1976. We shall now state the facts which alone are relevant for the decision of this point.

( 3 ) THE suit was filed in the trial Court on 26-3-1977. Summonses were issued to the defendants in which the date of first hearing was mentioned as 15-41977 and a direction was given for filing the written statement a week before that date. Defendants failed to appear or file the written statement as required and consequently on that date, the Court ordered that the suit be heard ex parte and 30-4-1977 was fixed for recording plaintiff's evidence. Meanwhile on 21-4-1977, defendants applied for setting aside the ex parte order. That application was allowed on 11-5-1977 and the ex parte order made earlier was set aside.