LAW FOR ALL

Civil Procedure Code, 1908 — Order IX Rule 13 — Ex parte decree — Setting aside — Sufficient cause — Absence due to alleged stay outside State — Burden of proof — Lack of diligence. Where the defendant, though duly served and represented through counsel, failed to file written statement and was set ex parte in 2022, but took no steps until after the decree was passed in 2024, his plea that he was away in another State for livelihood was held insufficient to constitute “sufficient cause” under Order IX Rule 13 CPC. Held: The appellant’s negligence and prolonged inaction disentitle him to equitable relief. “Sufficient cause” must be shown for the date on which the defendant was set ex parte, not for later circumstances. Application rightly dismissed by trial court — appeal dismissed.