Effect of the dismissal of an action by the Plaintiff in an ex parte trial.

It was held in this judgment that, Section 88 (1) only prohibits an appeal against an ex parte judgment by the party whose default resulted in that ex parte judgment. Section 88 (1) does not apply to the right of appeal of a party who was not in default since there was no default on the part of that party which resulted in the ex parte judgment which he wishes to appeal against. In other words, the right of the party who was not in default to appeal against the ex parte judgment, is unaffected by Section 88 (1) of the Civil Procedure Code. 

Civil Procedure Code, Ss: 87, 88, 754 - default - ex parte trial - appeal against that order - maintainability of that appeal