Code of Civil Procedure, 1908–Order 9, Rule 13–Ex-parte decree–Set aside by the Trial Court by allowing the restoration application–Revisional Court hold that the order passed by the Trial Court was in violation of mandatory provisions of law and allowed the revision–Writ petition–Dismissed by the High Court–Appellant trusted his counsel to manage the suit proceedings –However, he was not aware of the ex-parte decree by his previous counsel–He got the knowledge of ex-parte decree after appointment of new counsel–Trial Court rightly exercised the discretion–Further, there was no need to file a separate application for condonation of delay–High Court should also have not adopted a hyper-technical view–Order passed by the Trial Court deserves to be restored.
