( 1 ) THE appellant/defendant has preferred this appeal under Section 96 of the Code of Civil Procedure against the ex parte judgement and decree dated 16-1-89, passed in Civil Suit No. 12a/1984 by Second Additional Judge to the Court of District Judge, Gwalior.

( 2 ) MATERIAL facts giving rise to this appeal are thus : appellant is the husband of respondent No. 1, and the father of respondents Nos. 2, 3 and 4. Because of non-cordial relationship between the appellant and respondent No. l, the appellant started living separately, hence, the respondents instituted a suit claiming monthly maintenance to them and the amount of expenses for the marriage of the daughter; Ku. Rajni. The defendant filed written statement and contested the suit. The trial Court on the pleadings of parties, where they were at real and substantial difference, framed as many as six issues. During trial on 18-2-87, the defendant could not appear at the time of call at 12. 30 p. m. , hence, the Court ordered to proceed ex parte. After about an hour, the defendant appeared and filed an application to set aside the ex parte order passed against him, but the Court dismissed the application in view o