AO No.343 of 2008 Hon’ble B.S.Verma, J. (Misc. Application No.5937/2010) Mr. Sudhir Kumar, Advocate for the appellant. Mr. Anil Kumar Joshi, Advocate for the respondent. By way of Miscellaneous Application (CLMA No.5937/2010) the appellant has prayed to return the record of the suit to the trial court so that the application moved by the respondent under Order 9 Rule 13 before the trial court for setting aside the ex parte decree may be disposed of. This appeal was preferred by the appellant when the suit was pending. In view of the fact that the suit has been decreed ex parte, this appeal has also become infructuous. The appeal is dismissed as infructuous. However, it is made clear that in case the suit is restored, the appellant would be at liberty to move application for recall of this order. Let the record of the suit be sent back to the trial court forthwith. (B.S. Verma, J.) 3.3.2011 RG