H.G.RAMESH, J.

Whether an application presented under Order IX Rule 13 of the Code of Civil Procedure, 1908 (for short ‘the Code’) to set aside a decree passed ex parte is maintainable, when an appeal presented against such an ex parte decree, by a party other than the one who applied under Order IX Rule 13 of the Code, has been disposed of prior to disposal of the application under Order IX Rule 13 on a ground other than the ground that the appellant has withdrawn the appeal?

This is the question that requires determination in this appeal. The question is answered in the negative in view of the Explanation to Order IX Rule 13 of the Code.

2. This appeal is preferred by defendant no.4 under Order XLIII Rule 1(d) of the Code and is directed against the order dated 30.01.2014 passed by the trial court namely, the Court of V Additional City Civil Judge, Bangalore (CCH13) dismissing his application in Misc. No.652/2010 filed under Order IX Rule 13 of the Code to set aside the judgment and decree dated 16.7.2010 passed in the suit in O.S.No.3695/1998.

3. I have heard Sri Ashok Haranahalli, learned Senior Counsel appearing for the appellant on the merits of the appeal and perused t