Code of Civil Procedure, 1908–Order 9, Rule 13 & Sec. 115–Limitation Act, 1963–Sec. 5–Ex-parte decree–Order of setting aside–Order was reversed by High Court and it attained finality till SLP–In second round of litigation, respondent preferred the appeal against the ex-parte decree which was dismissed–In revision, High Court condoned the delay of 1116 days–Justification–Respondents raised the very same grounds in the present application for condonation of delay of 1116 days which were raised in the application filed under Order 9, Rule 13–Conclusion of refusal from condonation of delay in that proceedings attained finality–Without placing any fresh or additional material, condonation of delay was not permissible–Impugned judgment passed by the High Court is liable to be set aside.
