1. This petition of revision arises out of an application under O. 9, R. 13, C. P. C., for setting aside an ex parte decree. The application was disallowed by the Subordinate Judge, Lower Assam Districts. He found that the sufficient cause alleged had not been made out. On appeal the District Judge, Lower Assam Districts agreed with him that the evidence produced by the applicants in support of their allegation that they had an assurance or promise from the decree - holders that the suit would be withdrawn on the date of hearing could not be regarded as substantiated.
It was a case of an oath against an oath. He however allowed the appeal and set aside the ex parte decree on the ground that the defendants (M/s. Bharat Airways Ltd.) were presumably indifferent or negligent in the prosecution of the case. The concern was about to be taken over by the Government of India. He thought that in the circumstances any negligence on