1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL MISC. APPEAL NO.2861/2007. Nathu Singh. VERSUS Panchayat Shri Digamber Jain Mandir, Bagruwalan. 03.03.2008. HON'BLE MR.JUSTICE DALIP SINGH Mr.Amit Gupta, for the appellant. ***** The Registry is directed not to show S.B.Civil Misc. Appeal No.218/1998 as connected case with this appeal in the cause list. Vide order dated 23.11.2007 it had been made clear that S.B.Civil Regular First Appeal No.218/1998 was required to be shown in the daily cause list and, therefore, the file of S.B.Civil Regular First Appeal No.218/1998 was tagged with this appeal and not S.B.Civil Misc. Appeal No.218/1998. This misc. appeal has been filed challenging the order dated 07.05.2007 by which the application filed by the appellant under Order 9 Rule 13 C.P.C. for setting aside the ex-parte decree dated 16.03.1998 has been dismissed. It is submitted that the appellant took resort to both the remedies available; one of filing Regular First Appeal against the judgment and decree dated 16.03.1998 which is pending before this court as S.B.Civil Regular First Appeal No.218/1998 which has been admitted and the respondent served; and another of filing an application under Order 9 Rule 13 C.P.C. for 2 setting aside the ex-parte decree. The application under Order 9 Rule 13 C.P.C. was dismissed by the learned trial court by the impugned order dated 07.05.2007. Learned counsel for the appellant submits that as the appellant has already challenged the decree passed ex-parte in S.B.Civil Regular First Appeal No.218/1998 and in which the appellant has raised grounds in respect of the passing of the ex-parte order and consequential ex-parte decree which is the subject matter of the Regular First Appeal, the appellant may now be permitted to withdraw this misc. appeal with liberty to raise the aforesaid grounds in the Regular First Appeal. In view of the above, the prayer made by the appellant is allowed. Consequently, this misc. appeal stands dismissed as withdrawn with liberty to the appellant to raise the aforesaid grounds in the Regular First Appeal No.218/1998. The file of S.B.Civil Regular First Appeal No.218/1998 be detached from this misc. appeal which stands disposed of. (DALIP SINGH),J. Solanki DS, Jr.P.A.