Code of Civil Procedure, 1908–Sec. 100 & Order 9, Rule 13–Ex-parte eviction decree–Application for setting aside–Dismissed–Revision there against is pending–During the pendency of revision, dismissal of first appeal–Appreciation of–Summon was duly served to appellant–He availed both the remedies
of revision and appeal whereas he should have been chosen only one–In such circumstance, first appellate Court was not expected to wait for the decision of civil revision–Further, the Courts below recorded the concurrent findings on the point of bonafide need–Held, second appeal is liable to be
dismissed as having no substances.
