( 1 ) THESE are applications under Order 9 Rule 13 and Section 151 CPC filed by the defendants on 14. 8. 91 seeking setting aside of the ex parte decree dated 31. 5. 91 and stay of the execution thereof.

( 2 ) IT was a simple money suit. On 31. 5. 91, an ex parte decree in favour of the plaintiff and against the defendants for Rs. 4,69,217. 31 with interest at the rate of 12% p. a. from 30. 6. 86 till the date of filing of the suit i. e. 17. 9. 86 and future interest at the same rate has been passed. The suit is based on promissory notes after giving credits to the defendants to the extent to which the claim of the plaintiff was satisfied by the defendants prior to the filing of the suit.

( 3 ) THE sole ground urged in the application is that the defendants had entrusted the defence to Mr A. K. De, advocate, who neither appeared in the suit nor informed the defendants of the progress of the suit. It has been pleaded and forcefully contended by the counsel for the defendants that default on the part of the counsel cannot penalise the litigant and hence would amount to a sufficient cause for setting aside the ex parte decree.

( 4 ) ALL the relevant facts set out in t