Mohamed Zahir J:

In this case the appellant appealed against the decision of the learned magistrate who refused the application of the appellant to set aside the magistrate's own judgment and to order the case reinstated for hearing. The appellant in the case had failed to file a defence to the respondents' liquidated claim for goods sold and delivered in the sum of $1,471.25. On the first date of mention in the magistrate's court the appellant asked for time to file the defence and this request was allowed. On the second date the appellant "wanted time to settle matter" and the respondents agreed to this request. On the third occasion the appellant again requested for time and again this request was granted as the final one. On the last date again the appellant had failed either to "settle the matter" or to file the defence. The learned magistrate at this stage entered judgment against the appellant as prayed in the statement of claim. The appellant was present in court when this judgment was entered against him.

Lastly the appellant filed an application supported by an affidavit to have the judgment set aside and the case reinstated. The grounds given in the affidavit a