https://www.taxtmi.com/caselaws?id=174938 An appeal against an ex parte decree dismissed as time-barred is still treated as a disposal of the appeal for the Explanation to Order IX Rule 13 CPC. The Explanation is aimed at preventing parallel remedies against the same ex parte decree, so once an appeal has been disposed of on any ground other than withdrawal, a separate application to set aside the decree does not lie. The rule is not confined to dismissals on merits, and the doctrine of merger does not narrow its operation in this context. The application to set aside the ex parte decree was therefore not maintainable. en-us Tue, 24 Aug 1982 00:00:00 +0530 Thu, 29 Oct 2015 12:39:35 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=174938 An appeal against an ex parte decree dismissed as time-barred is still treated as a disposal of the appeal for the Explanation to Order IX Rule 13 CPC. The Explanation is aimed at preventing parallel remedies against the same ex parte decree, so once an appeal has been disposed of on any ground other than withdrawal, a separate application to set aside the decree does not lie. The rule is not confined to dismissals on merits, and the doctrine of merger does not narrow its operation in this context. The application to set aside the ex parte decree was therefore not maintainable. Case-Laws Indian Laws Tue, 24 Aug 1982 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=174938