Code of Civil Procedure, 1908–Order 9, Rule 13 & Sec. 96–Plea up to effect that the regular first appeal against the judgment and decree was dismissed, therefore, the decree attained finality and it could not have been set aside on an application under Order 9, Rule 13–Acceptability–Both are the concurrent remedies available to the defendant–If the appeal preferred by the defendant against ex parte decree is dismissed except by withdrawal, the remedy under Order 9, Rule 13 cannot be pursued–In the instant case, the appeal was dismissed as withdrawn–Plea deserves to be negated.
