Code of Civil Procedure, 1908–Order 9, Rule 13–Limitation Act, 1963–Sec. 5–Prayer for setting aside the ex parte decree–Dismissed–Appeal against –Allowed–Justification–Service of summons of suit proceedings were effected upon the respondent/applicants–Trial Court passed the order for ex parte when they did not appear for hearing–Thereafter, the decree was passed on the basis of evidence available on record–Application for setting aside the ex parte decree was filed after filing the execution application–Reason assigned for condonation of delay cannot be accepted–Decree has been executed–Held, impugned order passed by the Appellate Court is liable to be set aside.
