Rajasthan Tenancy Act, 1955–Sec. 223–Code of Civil Procedure, 1908–Order 9, Rule 13–Order of allowing the application ex-parte–It was stayed by allowing the application under Order 9, Rule 13–Appeal against–RAA dismissed the appeal with the observation that the original order has been already stayed by the Subordinate Court, the order impugned does not survive–Justification–The interim order was stayed by the SDM but the same was neither declared null and void nor the same had been quashed and set aside–RAA was under obligation to decide the appeal on merits–Matter deserves to be remitted back to RAA for deciding afresh.
