Code of Civil Procedure, 1908–Order 9, Rule 9–Ex-parte decree–Remedy available to defendant–He has two clear options-one, to file an appeal and another to file application for setting aside the order in term of Order 9, Rule 13–Both the resources can be taken simultaneously but in the event the appeal is dismissed, ex-parte decree would be merged in the order passed by appellate Court and application under Order 9, Rule 13 would not be maintainable.
