P.B. Suresh Kumar, J.

1. An order dismissing an application to set aside an ex parte decree is under challenge in this appeal. The appellant is a firm, represented by its managing partner.

2. O.S.No.174/2009 on the file of the Court of the Subordinate Judge, Tirur is a suit filed by the respondent for realisation of money from the appellant. When the suit came up for trial, the respondent gave evidence and the matter was, thereafter, posted for the evidence of the appellant on 16.11.2012. On 16.11.2012, the appellant filed I.A.No.3425 of 2012, seeking an adjournment in the matter. The court below dismissed I.A.No.3425 of 2012, set the appellant ex parte in the proceedings, and later decreed the suit as prayed for, on 28.11.2012.

3. On the same day, the appellant filed I.A.No.3731/2012, invoking Order IX Rule 13 of the Code of Civil Procedure, seeking an order to set aside the ex parte decree. In support of the application, the brother of the managing partner of the appellant firm filed an affidavit stating that the managing partner of the appellant firm is working in Saudi Arabia as a driver; that he could not secure leave from his employer to come to India to attend the