- (1.) An ex parte decree was made by this Court on 10th November 2014. According to the decree, the defendants were directed to pay jointly and severally to the plaintiff a sum of Rs. 10 lakhs, as damages together with interest at the rate of 10% p.a. simple interest from the date of the decree till its realisation.
(2.) This is an application under Order 9, Rule 13 of the Code of Civil Procedure to set aside this ex parte decree. It was filed on 22nd April 2015.
(3.) For adjudging an application to set aside an ex parte decree, the principle of law which is very well established is that the applicant /defendant has to show that he had sufficient cause for not appearing in Court himself or through counsel, when the matter was taken up. The Court is not permitted to go into the merits of the case.;