Code of Civil Procedure, 1908–Order 39, Rules 1 & 2–Application under–Allowed ex-parte–Justification–Notice of date of hearing was served upon the appellant after the date of hearing–Service of notice cannot be held proper in eye of law–Date of hearing was abruptly changed–If the plaintiff was so curious to get the date changed, he was required to serve a copy of application upon the defendant–Impugned order set aside and matter remanded back for deciding the application afresh.
