G. Ratna Raj (D) by LR’s. vs. Sri Muthukumarasamy Permanent Fund Ltd. & Anr.

Code of Civil Procedure, 1908–Order 9, Rules 6(a) & 13 & Order 17,Rule 3–Ex-parte decree–Set aside by High Court–Appreciation of–Defendants were placed ex-parte on the date when the case was fixed for recording their evidence–Same was not recorded due to their absence–In such situation,case would not fall under the provisions of Explanation to Order 17, Rule 2–Trial Court was required to proceed under Order 17, Rule 3(b) r/w. Order 17,Rule 2 for the disposal of suit–It could have taken the recourse of one of modes directed in that behalf by Order 9 or could have made any other order as it thinks fit–Sufficient grounds for setting aside the ex-parte decree–Interference declined.