S.S. Gangulya, J. - (1.) Heard the learned Advocate for the parties.
(2.) In this appeal from an ex-parte decree for eviction of an alleged licencee, the plea of the defendant-appellant is that when the suit was taken up for hearing he went to call his learned Advocate who was on his legs in another Court and that by the time they reached the Court, the suit had already been decree.
(3.) The appellant filed an application on that very day for setting aside the ex-parte decree. It was rejected as it was found maintainable. The appellant thereafter filed an application under Order 9, Rule 13 of the Civil Procedure Code and also this appeal. The application under Order 9, Rule 13 rejected on the ground that appeal was pending before this court.;