Wallace, J.

1. These two Civil Revision. Petitions are presented against the orders of the Lower Court declining to set aside the ex parte order passed against the petitioner. The petitioner was the 1st defendant in two suits, O.S. No. 11 of 1923 and O.S. No. 32 of 1923. He has appeared in the suits and put in written statements. On one of the hearing days, namely 27th September, 1923, he was absent and the Court " declared him ex parte." The evidence for the plain-tiff was adduced on that date and the hearing was adjourned to 13th October, 1923. On that day the 1st defendant appeared and put in a petition under Order 9, Rule 7, praying that the ex parte order against him may be set aside. The Lower Court dismissed that petition, and the present Civil Revision Petitions are filed against that order. The decree in the case has not yet been passed as further trial has been stayed by this Court, so that no question of setting aside an ex parte decree has yet arisen.

2. The plea put forward by the 1st defendant for his absence was sickness and want of money. His allegations were challenged by the plaintiffs in the suits and the Lower Court refused to believe these allegations and