R. L. GUPTA ( 1 ) THIS is an application under order 6 rule 17 read with section 151 Civil Procedure Code moved on behalf of the defendant seeking order 9 rule 7 read with section 151. Reply to this application has been filed and I have heard arguments advanced by Id. counsels for the parties. ( 2 ) IT may be noted that the defendant-Municipal corporation of Delhi was proceeded ex-parte by order dated 19. 2. 1992 and the plaintiff was permitted to file ex-parte evidence on affidavits. The next date fixed was 24. 7. 92. On that date counsel for the corporation sought permission to move this application u/s 9 rule 7 r/w section 151 Civil Procedure Code. However, he made a prayer in that application that he may be permitted to seek setting aside of the order dated 24. 7. 92. Obviously, there seems to be lot of negligence on the part of the counsel. Instead of praying that the ex- parte order dated 29. 2. 92 be set aside, he seeks permission to get set aside the order dated 24. 7. 92 by which he was granted permission to move an application for setting aside the ex-parte order. By this application for setting aside the ex-parte order. By this application the defendant wants to amena the application in which he wants to incorporate a prayer that he may be permitted to seek setting aside of the ex-parte order dated 19. 2. 92. Taking into consideration the totality of the circumstances, I am of the firm view that this application should be allowed. However, the defendant corporation should be burdened with suitable cost. The application is, therefore, allowed on payment of Rs. 2,000. 00 as conditional cost. ( 3 ) THE amended application u/o 9 rule 7 r/w section 151 Civil Procedure Code shall now be filed within one week with an advance copy to the 10. counsel for the plaintiff who may file reply thereto within two weeks thereafter. List this matter on 24. 11. 94.