Code of Civil Procedure, 1908–Order 9, Rule 13–Ex-parte decree–Denial from setting aside–Justification–No evidence to show that the appellant remained inactive–Whenever he was free, he participated in the proceedings–He was engaged in the treatment of his son who died subsequently in the year 2013–No evidence to show that on the date when the ex-parte decree was passed, he was roaming in the court premises or he was at his home–Reason of absence due to long treatment of ailing son–Ex-parte decree deserves to be set aside subject to cost of Rs. 10,000/-.
