Code of Civil Procedure, 1908–Order 9, Rule 13 r/w. Sec. 151–Application for setting aside the ex parte decree–Rejected–Appreciation of–Matter was posted for the plaintiff’s evidence and the defendant’s counsel prayed that the matter be posted for settlement as there are chances of amicable settlement between the parties–On the request of counsel, matter was kept for settlement but none appeared on that date on behalf of defendants–Next date was given–On the next date, statements of PW1 were recorded and the matter was posted for final arguments on which date after hearing the counsel, the order was passed–Petitioner did not choose to defend further–Further, the application for setting aside the decree was filed after the delay of more than one year–Nothing on record to show that any action was taken against the counsel for the act of not informing to him–Held, no interference is required in the impugned order.
