A civil suit was repeatedly fixed by the trial court for examination of the defendant's witnesses but the said opportunity was not availed by the defendant, therefore on 18^th November 2016 when neither the defendant nor his counsel had appeared, the trial court had proceeded ex parte and heard the final arguments and reserved the case for judgement. On 28^th November 2016 the defendant had filed an application under Order 9 Rule 7 read with section 151 of the Code of Civil Procedure which is