O.P. Jain, J. - (1.) THIS appeal has been filed against the order dated 13.5.94 passed by 7th Addl. District Judge, Kanpur Nagar, dismissing an application under Order 9, Rule 13, Code of Civil Procedure.
(2.) THE brief facts, leading to the case, are that the non -applicant. Indra Kumar Lodha filed a suit against Capt. V. P. Sharma who appeared in the case and engaged a senior counsel - -Sri Anand. The applicant also engaged three Junior lawyers who continued to appear for him for about five years. The suit was filed in 1984 and the counsel appeared for him upto December, 1989. Thereafter, the suit proceeded ex parte and was decreed on 28th Sept. 1991. The Defendant -applicant filed an application under Order IX, Rule 13, Code of Civil Procedure for setting aside the ex parte decree on the ground that he did not receive any communication after December, 1989 from his counsel and that he could know of the ex parte decree dated 28.9.91 only on 1st July, 1992 when another counsel engaged by him inspected the record. The contention of the Defendant -applicant, before the lower court, was that he should not be penalised for the negligence of his counsel. By the impugned order dated 13.5.94, the learned Addl. District Judge has dismissed the application. Hence this appeal.
(3.) I have heard Sri Pramod Jain appearing for the Appellant and have gone through the impugned order.;