Code of Civil Procedure, 1908–Order 9, Rule 13–Order of setting aside the ex-parte decree–Set aside in the revision with the view that the separate suit filed by the defendant is pending–Justification–There is no suit filed by the appellant-defendant which is pending–Further, the pendency of civil suit could not have been the reason for interfering with well- exercised jurisdiction of the Trial Court in setting aside the ex-parte decree–Order of Trial Court deserves to be restored on the cost of Rs. 50,000/-.
