Code of Civil Procedure, 1908–Order 9, Rule 13–Application for setting aside the ex-parte decree–Dismissed as barred by limitation–Justification–Delay of 24 days in filing the application–Plea of appellant that he was out to Punjab for earning of livelihood–Application was kept pending for five years–Reply of application was filed and parties led their evidence, however, it was decided without recording any findings–Matter pertains to specific performance of contract of sale–Held, application is allowed subject to cost of Rs. 10,000/-.
