Code of Civil Procedure, 1908–Order 9, Rule 13 r/w. Sec. 151–Application for setting aside the ex-parte decree–Dismissed on the ground of delay–Suit for specific performance of contract and perpetual injunction–In such type of suit, the remedy remains on the basis of principle of equity, justice and good conscience–Application was filed after one months when the information was received–No inordinate delay or latches–Held, application deserves to be allowed subject to cost of Rs. 21,000/-.
