JUDGMENT : Special leave granted. 2. Ram Vilas, late father of Gulli -respondent, filed a suit seeking ejectment of the appellant from the shop in dispute on the ground of default in the payment of rent. An ex-parte decree was passed on November 8, 1989 against the appellant. The appellant filed an application on July 9, 1992 for setting aside the ex parte decree. In support of the application an affidavit of Mr. Wazir Ali Naqvi, advocate was filed wherein the advocate sated that he was engaged by the appellant and he had told the appellant that it was jiot necessary for him to attend the Court. The advocate further stated that he would call the appellant as and when it was necessary to do so. Relying upon the affidavit of the advocate, the trial court set aside the ex parte decree and restored the suit for hearing on merits. The High Court in its revisional jurisdiction set aside the order of the trial court and restored the ex parte decree. 3. We have heard learned counsel for the parties. We are of the view that in the facts and circumstances of this case, the trial court was justified in relying upon the affidavit filed by the advocate of the appellant. No fault could be found with the finding of the trial court. The High Court fell into error in brushing aside the affidavit filed by Mr. Wazir Ali Naqvi, advocate. 4. We, therefore, allow the appeal, set aside the impugned order of the High Court restore that of the trial court. The trial court shall not sic proceed with the case and decide the same on merits. We direct 5 the trial court to expedite the hearing of the suit. The learned counsel for the appellant-tenant stated that he would pay the arrears of the rent within two months from today. We direct the appellant to pay Rs.2000/-as costs to the respondent.