A.M. Sapre, J.

1. This appeal is preferred by one of the defendants of Civil Suit No. 21-A/91 under Order 43 Rule (1) (d) of C.P. Code against an Order dated 12-3-1997, passed by XIV Additional District Judge, Indore, in CMJC No. 4/95 arising out of CS No. 21-A/91. By impugned order, the application made by the appellant under Order 9 Rule 13 of C.P. Code seeking to set aside the ex-parte decree has been rejected. Facts in brief for the disposal of this appeal need mention infra.

2. Respondent No. 1 (plaintiff) filed a Civil Suit No. 21-A/91 against the appellant (defendant) and the respondent Nos. 2 and 3 claiming specific performance of contract in respect of agricultural land on the basis of contract entered into between appellant and one late Manohar Chunekar - father of appellant.

3. The suit was being contested by the appellant. A written statement was filed. Issues were framed.

4. On 7-2-1995, the case was fixed for recording evidence of both the parties. On this date, counsel appearing for appellant and also for another defendant reported no instructions. The learned trial Judge, therefore, proceeded ex-parte against the appellant (defendant) on 7-2-1995 and fixed the case