( 1 ) RESPONDENT/plaintiff sued the appellant/defendant for recovery of an amount of Rs. 10,000/ -. The summary procedure under Section 37, Code of Civil Procedure, was adopted for the trial of that suit. On 4-8-1978, the trial Court directed summons to be issued to the defendant in Form IV in Appendix B, Code of Civil Procedure. On 24-10-1978, the trial court held that the appellant was duly summoned and did not appear and, therefore, he was proceeded ex parte. On 15-11-1978, an ex parte decree was passed. It appears that thereafter the appellant applied fur setting aside the ex parte decree. That application was allowed and the ex parte decree was set aside. This was in Miscellaneous Civil Case No. 11 of 1979. On the ex parte decree being set aside, the civil suit was again taken on its original number and on 28-7-1979, the counsel for the appellant filed registered address. The Court again directed notice in Form IV, Appendix-B, Code of Civil Procedure, to be served upon the appellant. On 28-9-1979, the respondent's counsel wanted time to file affidavit. Meanwhile the respondent came to this Court questioning the propriety of the trial Court's order setting aside