Code of Civil Procedure, 1908–Order 9, Rule 13–Application for setting aside the ex-parte decree–Dismissed–Appeal against–Appellant is illiterate villager–He ekes out a living from the land in dispute–Sufficient cause of illness of wife–Appellant cannot be punished for the fault of counsel–Further, the Court below was having ample powers to impose the cost for setting aside the ex-parte decree–Impugned judgment and decree set aside and suit restored on original numbers.
