Dipak Misra, J.

1. The non-applicant as plaintiff filed Civil Suit No. 42-A/96 in the Court of First Civil Judge, Class-II, Jabalpur for ejectment of the present applicant. The said Civil suit was decreed ex-parte. Thereafter, the judgment-debtor, the petitioner herein, filed an application under Order 9 Rule 13 of the Code of Civil Procedure (in short the CPC) for setting aside the ex-parte judgment and decree which formed the subject-matter of MJC No. 2/99. The Court below rejected the said application as there was absence of sufficient cause. Feeling aggrieved the present petitioner filed Misc. Civil Appeal No. 22/99 which met with similar fate. Hence, this revision.

2. I would have addressed myself to the merits of the civil revision but Mr. Gupta, learned counsel for the decree-holder/non-applicant pointed out that against the judgment and decree passed by the First Civil Judge, Class-II, Jabalpur a regular appeal has been filed under Section 96(2) of the Code forming the subject-matter of Civil Appeal No. 78-A/99 and the said appeal has been dismissed on 6-1-2000 on the ground of limitation. Submission of Mr. Gupta is that the Explanation of Order 9 Rule 13 of the Code get