Code of Civil Procedure, 1908–Order 9, Rule 13–Four defendants suffered the ex-parte decree jointly and severally–Out of them, defendant nos. 3 & 4 applied for setting aside the decree and application was allowed against all defendants–Trial Court did not issue the notice qua the defendant nos. 1 & 2–Whether proper ?–Held, no–Defendant nos. 1 & 2 were also entitled for notice in view of local amendment made by State of Kerala in the first proviso to Order 9, Rule 13–Notice was required to be issued to the defendant nos. 1 & 2 for two times.
(i) firstly, before setting aside the ex-parte decree, and
(ii) secondly, when the suit was restored at the instance of defendant nos. 3 & 4.
