Damodar Manna v. Sarat Chandra Dhal

Jenkins, C.J— In our opinion the mere fact that an appeal has been preferred from an ex parte decree and is pending does not preclude a Defend-ant against whom the decree was passed from applying under sec. 108 of the Civil Procedure Code for an order to set it aside. Therefore, this appeal must be dismissed with costs.

N.G

Appeal dismissed.