JUDGMENT

1. In this case, the District Judge has refused to entertain an appeal a against an order by which the Court of first omstamce dismissed for default an application to set aside an ex parte decree in a mortgage suit. The petitioner, who was the defendant in that suit, applied to have the ex parte decree set aside. The application was fixed for disposal on; the 7th November 1914. On that date an application was made on his behalf for adjournment. The Court held that the application was frivolous and refused to grant time; thereupon, the Pleader intimated to the Court that he had no further instructions. The application was accordingly dismissed for default. The petitioner then appealed to the District Judge; the result was that the following order was recorded: "No appeal lies; summarily dismissed," It is clear that under Clause (d) of Rule 1 of Order XLIII of the Code, the appeal was competent. The order assailed by way of appeal was an order under Rule 13 of Order IX; it was immaterial that the application to set aside the ex parte decree I had been dismissed, not on the merits, but for default. The District Judge has clearly declined to exercise a jurisdiction vested in hi