Where the appellant has withdrawn the appeal preferred against a decree passed exparte the application under Order 9 Rule 13 shall be:
Verified Answer
A. Rejected
B. Returned
C. Maintainable
D. Referred for opinion to the Appellate Court
Explanation:
An application under Order IX Rule 13 of the CPC to set aside an ex parte decree is maintainable even if an appeal against the ex parte decree has been preferred and subsequently withdrawn. The remedies are concurrent, provided the appeal was not decided on merits.