SHYAM SUNDAR SARMA vs PANNALAL JAISWAL .

The Supreme Court held that an application under Order IX Rule 13 of the Code of Civil Procedure, 1908, for setting aside an ex parte decree cannot be entertained if there is a pending appeal against that decree, as per the explanation to Order IX Rule 13. The Court emphasized that the dismissal of the appeal for default does not negate the bar imposed by the explanation. Consequently, the Court upheld the trial court's decision to dismiss the application for setting aside the ex parte decree, affirming the legal principle that procedural compliance is essential in civil proceedings.