Code of Civil Procedure, 1908–Order 9, Rule 13 r/w. Sec. 151–Order of rejection of application–Set aside by Appellate Court–Justification–Defendant had the knowledge of ex-parte judgment and decree from the very first day but the application was filed after the delay of seven years–Findings of Appellate Court are contrary to the material available on record–Further, no reason was assigned by the defendant for not filing the application for such long period–Impugned order passed by the Appellate Court is liable to be set aside.
