both remedies are availabe to the aggreived party to set a side the ex parte order/decree but after preferring appeal u/s 96 c.p.c how it is possible to file an application to set a side the ex parte decree eventhogh o9 r 13 is appealable why the party take risk straight away to appeal the ex parte decree/order generally ex parte decrees are passed in 3 situations 1st one is after receiving summons the party not present on that day,2nd ly after opportunities not tskr further steps 3rdly beyond 90 days not filed written statement the 3 rd one is concerned the supreme court discussed in lengthy declared that 90days is not mandatory the court has powre to enlarge time after 90 days so the exparte decree is passed on that ground simple application for set aside is sufficient in oyher situations also the remedy to file an application is safe.e
The respondent/defendant shall file an application u/O.IX, r.13 C.P.C. within 30 days from the date of knowledge in the trial court giving reasons for non-appearance on the date of calling of the case. If the trial court does not accept the reasons canvassed by the respondent / defendant and dismisses the application, then the impugned (disputed) order may be taken on appeal. Since if the trial court sets aside the exparte order/decree, the case will go on from the stage of trial/proceeding before the exparte decree passed. If the respondent straightaway files an appeal against the exparte order, the appellate court will at its best impose costs and remand the case to the trial court which will consume more time for the litigants.