Code of Civil Procedure, 1908–Order 9, Rule 13–Order of allowing the application under Order 9, Rule 13–Set aside by High Court–Justification–Appellant was in judicial custody and could not appear before the Court in spite of production warrant–While setting aside the order, High Court deviated from the limited jurisdiction under Art. 227–It was not justified in substituting the view of the trial Court that the appellant being incarcerated was unable to lead evidence and another chance should be given to him for defence evidence–Even the application for setting aside the ex parte decree was filed belatedly, the Court could have given the opportunity to file the application for condonation of delay and cost could have been imposed–Reasoned decision of trial Court was not required to have interfered–Order passed by the trial Court deserves to be restored.
