JUDGMENT N.N. Mithal, J. - This is an appeal against an order dated 6-7-87 by which the lower appellate Court has dismissed the application for restoration of appeal on the ground that the decision dated 25-11-85 was given on merit and the application was therefore not maintainable. The court has not gone into the merits of the grounds given in application. According to the learded counsel for the appellant Rule 21 of Order 41 entitles a party, against when an ex-parte judgment has been pronounced to satisfy the court that either notices had not been duly served or he had been prevented by sufficient cause from appearing when the appeal was called on for hearing. The submission made is that this aspect of the matter has been completely lost sight of by the court below while disposing of the application. 2. After hearing the learned counsel for the parties I am satisfied that there is merit in this submission. The Court below should have decided the application on merits regarding the grounds indicated therein instead of rejecting it on the ground that the application was not maintainable. 3. The appeal is allowed. Order under appeal is set aside and the matter will now go before the lower appellate court who will decide the application on merits. 4. Parties shall appear before the court below on 21-3-88. 5. A certified copy of the order may be supplied to the learned counsel on payment of usual charges within one week.