1. In the respondent's suit, the trial Court had fixed 30 March 1963 "for filing written statement and issues' (vide order dated 25 February 1963). On that date (30 March) which was the first date of hearing, the defendant did not appear. The trial Court proceeded ex-parte, recorded the statement of the, plaintiff and reserved its judgment. Thereafter the defendant appeared and made an application for setting aside the ex-parte order. It was allowed and the ex-parte order was set aside. The parties then went to trial. Issues were framed. Evidence of the parties was recorded. Ultimately, by its judgment the trial Court dismissed the suit. From that judgment and decree, the plaintiff appealed. The learned District Judge allowed the appeal on the ground that the trial Court's order setting aside the ex-parte order was wrong. In the result, he ordered remand and directed the trial Court for a fresh judgment on the sale basis of the plaint and the plaintiff's deposition which was recorded ex-parte. Aggrieved by that order, the defendant has come up in revision. There cannot be the slightest doubt that the order of the appellate Court must be set aside.

2. Shri Shukla, learned counse