Where the appellant has withdrawn the appeal preferred against a decree passed exparte the applicati...........

Civil Procedure Code (CPC) 1908 Appearance and Non Appearance of Parties

Where the appellant has withdrawn the appeal preferred against a decree passed exparte the application under Order 9 Rule 13 shall be:

Rejected

Returned

Maintainable

Referred for opinion to the Appellate Court

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Explanation:

Order 9 Rule 13 Explanation –
ORDER IX Appearance of Parties and Consequence of Non-appearance
13. Setting aside decree ex parte against defendant –
Explanation.—Where there has been an appeal against a decree passed ex parte under this rule, and the appeal has been disposed of an any ground other than the ground that the appellant has withdrawn the appeal, no application shall lie under this rule for setting aside that ex parte decree.]