RATANLAL Vs. DHAPUBAI

JUDGEMENT

(1.) DURING the course of the arguments, it emerged that on behalf of applicant, against the impugned ex parte decree of the trial Court passed in Civil Suit No. 272A/84, a First Appeal was also preferred before the ADJ, Kannod. The First Appeal filed on behalf of the applicant against the ex parte decree was dismissed after consideration on merits and the applicant has filed the Second Appeal against the judgment and the decree passed by the First Appellate Court and the said Second Appeal No. 24/97 is pending for disposal before this Court.

(2.) IN view of the aforesaid facts, when an appeal preferred by the applicant against an ex parte decree was dismissed after consideration, the application filed U/O. 9 R. 13 CPC cannot survive and it rendered infructuous. In the result, this revision petition preferred against the order of the appellate Court dismissing application U/O. 9 R. 13 of the CPC also rendered infructuous and deserves to be disposed of accordingly.

(3.) THE revision petition stands disposed of without any orders as to costs.