Code of Civil Procedure, 1908–Order 9, Rule 13–Application for setting aside of ex-parte decree–Dismissal of–Appreciation of–Though the counsel of appellants pleaded no instruction on two stages of suit, however, subsequently, he prayed for granting the opportunity of producing evidence and argued the matter–Judgment was delivered after hearing his arguements–Held, it cannot be said that the judgment and decree were passed ex-parte–Further held, appellants failed to explain that when they contracted with their counsel and got the information about the suit–Delay of five months was also not explained–Interference declined.
