Code of Civil Procedure, 1908–Order 9, Rule 13 & Order 1, Rule 10(2)–
Application for setting aside the ex-parte decree with contending that the property in dispute has been gifted to A and he was sought to justify his joining in the same application–Petitioner filed the application under Order 1, Rule 10(2) with objecting his joining as applicant–Rejection of application–Appreciation of–Technicalities should not be allowed to defeat the cause and ends of justice–A can filed the application under Order 1, Rule 10 as he has accrued the rights, interest and title in the property–Therefore, his joining in
the application for setting aside the ex-parte decree cannot be faulted with–Interference declined.
