Code of Civil Procedure, 1908–Order 9, Rule 13–Application for setting aside of ex-parte decree–Dismissed–Justification–After filing the written statement, matter remained pending for seven years with no material progress–If the counsel had pleaded no instruction, it was expected of the trial Court to have ensure that a notice in this regard had been issued by the counsel–Further, a notice could have been issued by the Court to the defendant regarding the date of hearing–Appellant had no notice regarding passing of exparte decree–Impugned order cannot be sustained–However, looking to the fact that appellant also did not take appropriate care of pending case, cost of Rs. 10,000 is imposed on him which will be paid to respondents.
