Code of Civil Procedure, 1908–Order 9, Rule 13 & Sec. 96(2)–Defendant who suffered an ex-parte decree has two remedies-
(i) either to file the application under Order 9, Rule 13 to set aside the ex-parte decree to satisfy the Court that summons were not duly served or those served, he was prevented by sufficient cause from appearing in the Court when the suit was called for hearing,
(ii) to file a regular appeal from the original decree to first appellate Court and challenge the ex-parte decree on merits.
