https://www.taxtmi.com/caselaws?id=159708 An application under Order IX Rule 13 CPC to set aside an ex parte decree is barred once an appeal against that decree has been filed and disposed of otherwise than by withdrawal. An appeal accompanied by a delay-condonation request remains an appeal in law, so dismissal for default or as time-barred still triggers the statutory bar. The absence of merger or a decision on merits does not avoid the explanation to Order IX Rule 13, because the provision is intended to confine the defendant to one remedy against the ex parte decree and prevent parallel proceedings. The application was therefore not maintainable. en-us Thu, 04 Nov 2004 00:00:00 +0530 Thu, 29 Jan 2015 18:29:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=159708 An application under Order IX Rule 13 CPC to set aside an ex parte decree is barred once an appeal against that decree has been filed and disposed of otherwise than by withdrawal. An appeal accompanied by a delay-condonation request remains an appeal in law, so dismissal for default or as time-barred still triggers the statutory bar. The absence of merger or a decision on merits does not avoid the explanation to Order IX Rule 13, because the provision is intended to confine the defendant to one remedy against the ex parte decree and prevent parallel proceedings. The application was therefore not maintainable. Case-Laws Customs Thu, 04 Nov 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=159708