JUDGMENT This revision is directed against the order dated 10.4.89 of VIth Addl. Judge to the Court of District Judge, Indore in C.S. No. 10-B/88, whereby the applicant defendant's application under O. 9., R. 7 C.P.C. for setting aside the ex parte order has been dismissed. The brief history of the case is that the non-applicant State Bank filed a suit for recovery of certain amount, which was given as loan to the applicant-defendant No. 1. It appears that in the lower Court service on defendant was not effected and as such a publication was made. Now, the contention of the learned counsel for the applicant-defendant is that the publication was made by giving wrong name of the father and he had no notice of the suit. As admitted by the counsel for the parties the suit still pending in the Court and evidence has not been recorded. Under these circumstances it would be proper to give the defendant an opportunity to put up his case. In case this order is not set aside the defendant would be made liable to suffer the decree without being afforded reasonable opportunity of defending. In the opinion of this Court, therefore, the discretion has not been properly exercised by the trial Court, in the matter of rejection of application for ex parte. The revision is, therefore, accepted. The ex parte order is set aside subject to costs of Rs. 500/- which shall be paid by the defendant-applicant on the first date of appearance before the lower Court. Parties are directed to appear before the lower Court on 12.11.92. No further notice will be required. Costs shall be paid on same day. Accordingly ex parte order shall stand set aside.