This appeal arises from an order of 19.7.78 passed by the Assistant District Judge (II) Gauhati in Misc (J) Case No 17/77 arising out of T. S. No. 18/73 dismissing an application under Order 9 Rule 13, CPC for setting aside an ex-parte decree passed on 25.3.77. 2. Smti Jogamaya Ghosh, Prananjay Ghosh, Pranab Ghosh, Smti Gouri Ghosh, Smti Supriti Ghosh and Smti Manibala Ghosh are the defendant-petitioners. Pranab, Gouri, Supriti and Manibala are minors. The case of the petitioners is that the petitioner Jogamaya being a widow, her eldest son Prananjay used to look after the case. But he was lying ill and, therefore, he could not contact their Advocate for conducting the suit on the date of hearing. Prananjay, after recovery from his illness, he contacted their Advocate and came to know that the suit had been decreed ex-parte on 25.3.77. On the facts and in the circumstances of the case, the petitioners were presented by sufficient cause from appearing on the date fixed for hearing of the suit. 3. The trial Court disbelieved the illness of Prananjay and rejected the petition. Be that as it may, the trial Court had not discussed about the non appearance of the other petitioners, namely Jogamays and her minors children. Therefore, the order of the learned Assistant District Judge cannot be sustained. 4. Mr. K. Sarma learned counsel for the respondent has submitted that application under Order 9 Rule 13 was not maintainable in view of the provisions of Order 17 Rules 2 and 3 CPC. Order 17 Rule 2 runs; "Where on any day to which the hearing of the suit is adjourned, the parties or any of them fail to appear, the court may proceed to dispose of the suit in one of the modes directed in that behalf by Order IX or makes such other order as it thinks fit." Order 17 Rule 3 provides: "Where any party to a suit to whom time has been granted fails to produce his evidence, or to cause the attendance of his witnesses, or to perform any other act necessary to the further progress of the suit for which time has been allowed-the court may notwithstanding such default- (a) If the parties are, present, proceed to decide the suit forthwith, or (b) if the parties are, or any of them is, absent, proceed under Rule 2". 5. 5. Order 9 Rule 13 provides for setting aside a decree passed ex-parte against the defendant on any of the grounds enumerated therein. A plain reading of Order 17 Rules 2 and 3 together with Order 9 shows that, if Order 17 Rule 2 applies and the suit is disposed of by passing a decree exp-arte, Order 9 Rule 13 can be invoked for setting aside the decree ex-parte. However, if the suit where the parties are present, is decided by applying the provisions of Order 17 Rule 3, the appeal is, the only remedy. 6. Order 17 Rule 3 will be applicable only when the parties are present. But in the present case, the defendants were not present on :he date to which hearing of the suit was adjourned. Therefore, the suit was heard ex-parte and decree .was passed ex-parte under Order 17 Rule 2 read with Order 9 Rule 6, CPC. In such a situation, the application under Order 9 Rule 13 was maintainable. 7. Coming to the application for setting aside the decree ex-parte, it is not disputed that four (4) of the petitioners are minors being represented by their widowed mother. Her eldest son Prananjay used to look after the case. On the facts and circumstances of the case, they have shown sufficient cause for non appearance. Accordingly, the impugned order of the learned Assistant District Judge (2) Gauhati dated 19.7.78 is set aside and the petition for setting aside the decree ex-parte is allowed. As a result of it, the decree ex-parte is set aside. However, considering the facts and circumstances of the case, the petitioners are allowed to join in the suit from the stage of the argument without relegating to the position that the petitioners would have occupied. The Assistant District Judge No. 2 Gauhati is directed to dispose of the suit in the light of the above directions and observations. 8. With the above observations and directions, the appeal is allowed and disposed of. Records of the lower Courts shall be sent back immediately. No costs.