Where the appellant has withdrawn the appeal preferred against a decree passed exparte the application under Order 9 Rule 13 shall be: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:
Withdrawal of an appeal against an ex-parte decree does not bar an application under Order 9 Rule 13 CPC for setting aside the ex-parte decree, as these are distinct remedies.