the filing of !he appeal and also for other reasons. An appellant is also entitled to withdraw the appeal and the withdrawal of the appeal also results in the disposal of the appeal, though in such 'a case no merits of the appeal are adjudicated upon. The language - used in the Explanation makes it clear that the withdrawal . of an appeal is considered to be disposal of the appeal, as contemplated in the Explanation. It is significant to note that though an appeal may be disposed of on very many grounds the Legislature has tbought it fit to provid ~ in the Explanation that only when an appeal against an ex parte decree is disposed of on the ground. that the appellant has withdrawn the appeal, the bar created to the maintainability of an application under Order 9, rule 13 of the Code. for setting aside the ex parte decree will no.I apply. The Legislature must be presumed to know that there are various ways of disposal of an appeal. The legislature has, however, thought it fit to provide that when an. appeal has been preferred against an ex pa rte decree, the disposal of the appeal on any ground excepting the solitary ground of disposal of the appeal by withdrawal of the same by the appellant, will create a bar to the maintainability of an application- under Order 9, rule 13 of the Code of Civil Procedre. By specifically providing in the Explantion that the disposal ·of any apreal from the ex parte decree on any ground . other than the solitary ground of withdrawal of the appeal by the appellant, the legislative intent is made manifestly clear that in all other cases of the disposal of the appeal on any other ground than the ground of withdrawal of the appeal, there will be a bar to the maintainability of the application under Order 9, rule 13 and no application will lie under Order 9, rule 13 for the setting aside of an ex•parte decree .. Withdrawal of an appeal by an appellant does not result in any adjudication on merits. Even then, the withdrawal of an appeal is still considered lo be a disposal of the appeal ; and the disposal of an appeal only on this ground of withdrawal of the appeal by the appellant. it• is made clear in. the Explanation, will not create-any bar to the rnaintainabil)ly of the appli~~tion under Order 9, rule i 3 of the Code of Civil Procedure. On a proper interpretation of the Explanatk1n we are of the opinion that where there has been an appeal against an ex· parte decree and the appeal has not been withdrawn by the appellant and has been disposed of on any ground, the application under Order 9, ~ule 13 of the Code of Civil Procedure wi:J not lie and cannot be entertained,
