Code of Civil Procedure, 1908–Order 9, Rule 13–Ex-parte decree–Set aside by appellate Court–Justification–Matter remained pending for ten years and 35 opportunities were given for filing the reply–Even, neither the cost was deposited nor the reply was filed–Ex-parte proceedings were undertaken and same were not challenged–Merits of the case were also considered by the trial Court–Held, the appellate Court was not justified in setting aside the ex-parte decree in appeal.
