Code of Civil Procedure, 1908–Order 9, Rule 13–Constitution of India, 1950–Art. 226–High Court set aside the ex-parte decree by allowing the recall application in writ petition–Justification–High Court was required to examine whether despite showing sufficient cause, not only the Trial Court but also the Appellate Court fell into error in not accepting the explanation proffered and in setting aside the ex parte decree–High Court did not appreciate the aspect as to how the judgment of Trial Court could have been faulted on the ground that the defence raised in the written statement was not considered while granting the relief–Impunged order passed by the High Court is liable to be set aside.
