Code of Civil Procedure, 1908–Order 9, Rule 13–Limitation Act, 1963–Sec. 5–Order of allowing the application under Order 9, Rule 13–Under challenge–Counsel representing the respondent was facing vision-related health issues and had to take the treatment regularly, however, during the subsequent period, the cornea of his left eye was completely damaged–During this period, the ex-parte decree was passed–It was practically not possible for the counsel to appear before the Court which was at the distance of 70 km. from the place of practice during the proceedings–Respondent-defendants have a sufficient cause–Ex-parte decree was rightly set aside.
