Code of Civil Procedure, 1908–Order 9, Rule 13 r/w. Sec. 151–Decree of suit by allowing the application–Appreciation of–Suit was decreed after two years of the direction to proceed ex-parte–No application whatsoever was filed by the defendant-petitioner during this period–Any allegation against the counsel without any proof thereof cannot be entertained by the Court as a matter of course–It cannot be accepted that the petitioners were totally unaware of the nature of proceedings–The notice was very well issued by the Court after the counsel had pleaded no instruction–Plea of the petitioner that he was not residing with his son, who received the notice, was not raised before the Trial Court–Held, no case is made out for interference.
