I do not wish to express any opinion upon the legality or propriety of the District Munsif's order setting aside the ex-parte decree [see however Venkatarama Aiyar v. Nataraja Aiyar.]
I think that as the petitioner could object to the order of the Munsif in appeal in the regular course to the District Court, if the suit was decided against him at the re-hearing, this is not a fit case to interfere under section 115 of the Civil Procedure Code. Devata Sri Ramamurti v. Venkata Sitaramachandra Row.
I dismiss the petition but without costs.
Petition dismissed.