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Civil Revision Petition Not Allowed When Order IX Rule 13 CPC Petition Dismissed; Appeal Under Order XLIII Rule 1 CPC Permitted.
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....Maintainability of Revision Petition before the High Court when the petitioner has alternate remedies as per the - an ex-parte decree was passed against the respondent - Supreme court has held that, when an application or petition filed under Order IX Rule 13 CPC is dismissed, the defendant can avail a remedy by preferring an appeal in terms of Order XLIII Rule 1 CPC. Thus, Civil Revision Petition under Section 115 of the CPC would not arise when an application/petition under Order IX Rule 13 CPC is dismissed.....