Limitation Act, 1963–Sec. 5–Code of Civil Procedure, 1908–Order 9, Rule 13–Ex-parte decree–Set aside by condoning the delay of 2200 days–Justification–Original suit is of the year 1977–Earlier, it was dismissed for the default–Respondents were given sufficient opportunities to bring on record the LR’s. of defendant no. 4 –Rights of deceased-respondent no. 1 had already been decided in another suit for specific performance–High Court overlooked these aspects–It is not clear that what was the good reason to ignore these facts–Impugned order passed by the High Court is liable to be set aside.
