Code of Civil Procedure, 1908–Order 9, Rule 13–Limitation Act, 1963–Sec. 5–Specific case of the respondent that the summon was not duly served and he knew about the decree when the Patwari informed him about the decree–Application was filed within six days of information–Held, application
u/s. 5 of the Limitation Act was not required to be filed–Further, the Commissioner did not issue the notice to respondent before preparing the report–Held, ex parte decree was rightly set aside.
