Code of Civil Procedure, 1908–Order 9, Rule 13–Application for setting aside the ex-parte decree–Dismissed–Justification–Petitioner filed the reply of suit–Matter was transferred again and again to different Courts–Notices of second and third transfer were not given to petitioner–View of Courts
below that the petitioner did not take any steps for setting aside the ex-parte order–Uneccessary importance was given on this point–Defendant against whom the suit is to proceed ex-parte is entitled to take part in the suit at the latter stage–Reasons given for dismissing the application are erroneous–
Application deserves to be allowed.
