Rajesh Balia, J.-A short but interesting question arises in this revision.

2. An ex parte decree for eviction on the ground of default as well as reasonable requirement of the suit premises by the plaintiff respondents was passed against the petitioner on 14-2-199 1 by the Munsif and Judicial Magistrate, Bhilwara. The defendant applied for setting aside the ex parte decree under Order 9, Rule 13, CPC and he also preferred an appeal against the ex parte decree. Appeal against the decree was dismissed by the civil Judge, Bhilawara on 29-8-1991 as barred by limitation. The petitioner preferred a second appeal before this Court, which was dismissed in the presence of both parties as withdrawn on 3-10-1991 with the following observations:-“I have heard’ the learned Counsel for the parties, in view of the fact that the appeal against the order of rejecting application under Order 9, Rule 13, CPC is still pending, therefore, any observations made in the impugned judgments will not affect the case of the appellant on merits in those proceedings.” While, the aforesaid proceedings were going on, the trial Court rejected the application under Order 9, Rule 13 on 26-9-1991. The appeal