Sathish Ninan, J.

Challenging the dismissal of the application to set aside the ex parte decree, the defendant is in appeal. 2. We have heard the learned counsel on either side.

3. The suit is one for money. On the date on which the suit was listed for trial, the counsel for the defendant reported no instructions. This resulted in an ex parte decree.

4. The application to set aside the ex parte decree is filed well within the period of limitation. The reason stated for the non-appearance was that, he had to travel to Mysore urgently for his business purposes and he could not inform the lawyer about his inability to attend the court.

5. The trial court noticed that on earlier two occasions the suit was decreed ex parte and the decree was set aside on the defendant’s application. The court also noticed that the failure on the part of the defendant to inform the counsel about his inability to attend on the particular day, exhibits the callous nature of the defendant.

6. The learned counsel appearing for the appellant-