In Brief
The appellants, original defendants, sought to set aside an ex-parte decree and filed applications under Order IX Rule 13 of the CPC and the Limitation Act. The Trial Court allowed their plea, condoning delay and setting aside the decree, but the High Court additionally observed that the defendants could not be permitted to file their written statement. The Supreme Court held that the High Court exceeded its jurisdiction by making this observation, which was not part of the matter before it. The Court quashed the High Court's order on this point and remanded the question of whether defendants should be permitted to file their written statement back to the Trial Court to decide on merits.
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