Code of Civil Procedure, 1908–Order 9, Rule 13 & Sec. 96–When the defendant did not avail the remedy under Order 9, Rule 13, whether it is open for him to agitate in the regular appeal against the decree that the trial Court had no justification for proceeding ex-parte against him ?–Held, yes–Though he would not be entitled to lead the evidence in appeal yet he can always argue on the basis of the record of the suit that either the suit summon was not served upon him or that even otherwise also, the trial Court was not justified in proceeding ex-parte against him–The appellant can always urge in an appeal against the decree that an interim or interlocutory order passed during the pendency of the suit affecting the decision of the case was illegal.
