Code of Civil Procedure, 1908–Order 9, Rule 13–Rajasthan Tenancy Act, 1955–Secs. 88 & 188–Exparte decree–Set aside by trial Court–Order was set aside by B.O.R.–Justification–Delay of 13 years in filing the application–However, findings of trial Court as regard to suspicion about the service being duly effected upon defendant S cannot be said capricious or perverse as the petitioners produced evidence on record that S was illiterate and he used to affix thumb impression–Further, the plaintiff was aware about the death of S as both were real brothers and plaintiff participated in his last rites, however, he did not choose the file the application for substituting the LR’s. of deceased–Discretion for condoning the delay was also rightly exercised by trial Court–Held, BOR was not justified in setting aside the order of trial Court.
