[SC] CPC – O. 9 R. 13, O. 43 R. 1(d), S. 115 – Revision Petition cannot be filed if an appeal is maintainable – Appeal is only applicable against the refusal to set aside the ex-parte decree under O.9 R. 13, not against an order allowing such an application – If appeal against the ex-parte decree is dismissed (except when withdrawn), the remedy under Order 9 Rule 13 cannot be pursued. [PLRonline 424683 (SC)]

Civil Procedure Code, 1908, Order IX Rule 13, Order XLIII Rule 1(d), S. 115

•       Section 115 – maintainability and Appeal: revision Petition cannot be filed if an appeal is maintainable under the express provisions of the Civil Procedure Code or any other statute. A revision may be considered only in the absence of an appellate remedy .

•       Order 9 Rule 13, Section 96(2) – Ex-parte Decree: A defendant has three options for contesting an ex-parte decree: filing an application under Order 9 Rule 13 to set aside the decree, appealing against the decree under Section 96(2), or seeking a review of the decree in the same court.

•       Order 9 Rule 13, Order XLIII Rule 1(d), Section 115 – Ex-parte Decree: An appeal against an ex-parte decree under Order XLIII Rule 1(d) remains viable even after a dismissal of an application under Order 9 Rule 13. However, a civil revision under Section 115 is not maintainable in this context

•       Order XLIII Rule 1(d), Order 9 Rule 13 – Ex-parte Decree: If an application seeking to set aside an ex-parte decree is dismissed, an appeal under Order XLIII Rule 1(d) is maintainable. An appeal is only applicable against the refusal to set aside the ex-parte decree, not against an order allowing such an application

•       Order 9 Rule 13, Section 96(2) – Ex-parte Decree: Defendants have concurrent remedies to challenge an ex-parte decree, either by filing an application under Order 9 Rule 13 or appealing under Section 96(2). However, if an appeal against the ex-parte decree is dismissed (except when withdrawn), the remedy under Order 9 Rule 13 cannot be pursued. Conversely, if an application under Order 9 Rule 13 is rejected, an appeal against the ex-parte decree can still be preferred under Section 96(2). An appeal under Order XLIII Rule 1(d) against an ex-parte decree is maintainable even after the dismissal of an application under Order 9 Rule 13.