cpc, 1908 Order 9, Rule 13 – Setting aside exparte decree – Boycott of the Court – High Court confirmed the order dismissing the application for setting aside exparte decree – It is clear that the Trial Court has taken into consideration the past conduct of the appellant-defendant in the suit, instead of confining the consideration as to whether
the appellant has shown sufficient cause or not for not appearing in the matter – On which date the suit was listed for trial, in view of the boycott of the courts by the advocates, all other cases were adjourned and only this case was proceeded and ex-parte decree was passed – Has shown sufficient cause for not appearing in the matter when the matter was called – Orders set aside.
(199) PLR 367 (SC)
