PRAKASH CHANDER MANCHANDA AND ANR. vs SMT. JANKI MANCHANDA

The Supreme Court held that the trial court erred in dismissing the defendant's application under Order 9 Rule 13 of the Code of Civil Procedure, 1908, for setting aside an ex-parte decree. The Court clarified that when a party is absent and no evidence has been recorded on their behalf, the court must proceed under Order 17 Rule 2, not Rule 3. The Court set aside the orders of the trial court and the High Court, directing the trial court to dispose of the application in accordance with law.