JUDGMENT :

1. This is an appeal under Order 43 Rule 1 (d) of the Code of Civil Procedure against refusal of the prayer of the appellant to set aside ex parte decree in exercise of powers under Rule 13 of Order IX CPC by order dated 14.10.2019 passed in Civil Misc. Application No. 56/2013 (121/2014).

2. A suit for partition of house standing on Plot No. 4037 was going on between the parties. On 26.2.2009, an ex parte preliminary decree was passed in the suit and on 18.1.2012, final decree was also drawn ex parte. The appellant who was defendant in the suit had already appeared in the suit proceedings, however according to appellant, he was prevented by sufficient cause from not appearing when the suit was called on for hearing.

3. The impugned order would reveal that the learned trial Judge mainly relined on the material to support proper service of notice on the defendant appellant and knowledge of the defendant appellant regarding proceedings of the partition suit. Rule 13 of Order IX CPC reads as follows:

13. Setting aside decree ex parte against defendant.

In any case in which a decree is passed ex parte against a defendant, he may apply to the Court by which the decree was passed f