Sudhir Ranjan Patra th. LRs. & Anr. vs. Himansu Sekhar Srichandan & Ors. (SC)

Code of Civil Procedure, 1908–Order 9, Rule 13–Order of setting aside the ex-parte decree–Appeal against–High Court confirmed the order but directed that the defendant nos. 2 & 3 cannot file the written statement and they can only take part in the hearing of the suit without propounding their own case–Whether proper ?–Held, no–In the instant case, the defendants not only prayed for setting aside the ex-parte decree but also prayed to allow them to file the written statement–There was no order on the second prayer–Issue should have been left to the trial Court to consider the prayer of defendant nos. 2 & 3 whether to allow them to file the written statement or not–Impugned judgment of High Court is liable to be quashed and set aside up to this extent.