( 1 ) THIS regular second appeal has been brought against judgment dated July 14, 1986, of Shri R. K. Sain, Additional District Judge, Delhi, by which he had dismissed an appeal brought against order dated October 3, 1983 of Shri K. S. Paul, Sub-Judge, Delhi, by which he had dismissed an application brought by the appellant seeking setting aside of ex-parte judgment and decree dated May 26, 1981. made in Suit No. 1151/80.

( 2 ) AT the outset, I may mention that the regular second appeal is not competent against the impugned appellate judgment. Under Order XLIII Rule 1 (d) of the Code of Civil Procedure (for short the Code ), an order under Order IX Rule 13 of the Code rejecting an application for an order to set aside a decree passed ex-parte is appealable. That is why the appeal against the order of the Sub-Judge dismissing the application moved under Order IX Rule 13 of the Code was filed and was decided by the Additional District Judge. No second appeal has been provided in respect of such a proceeding. Section 101 of the Code lays down that no second appeal shall lie except on the grounds mentioned in Section 100 of the Code. Under Section 100 of the Code, the