Code of Civil Procedure, 1908–Order 9, Rule 13 & Order 22, Rule 4–Exparte decree–Set aside–Matter was pending at the stage of application under Order 22, Rule 4–Summons were returned unserved–Trial Court passed the order of ex-parte proceedings without passing any order on the application under Order 22, Rule 4–Proper course was to allow the application under Order 22, Rule 4 ex-parte and substitute the LRs. of deceased on record–Thereafter, the summons of suit were required to be sent to the LRs. of deceased–
Held, ex-parte decree was rightly set aside.
