S. Jagadeesan, J. (Chairman) - (1.) THE rectification application filed by the applicant herein in C.O. 14/1991 stood transferred to this Board along with application and I.A. No.9749/95 filed by the first respondent herein for setting aside the ex-parte decree dated 4.9.1995 in the said C.O. and I.A. No.246/2001 for condoning the delay in filing the same.
(2.) Shri Ajay Sahni appeared on behalf of the applicant and Shri Ashok Mittal appeared for the first respondent in T.R.A. Both counsel represent that I.A. 9749/95 for setting aside the ex-parte decree in C.O. and I.A. 246/01 for condoning the delay in filing the same must be disposed of first and depending upon the outcome of the said application, the necessity of listing the C.O. for final disposal would arise. Accordingly, I.A. No.9749/95 and I.A. 246/01 are taken up for disposal.
(3.) SINCE the first respondent herein filed the I.As, the learned counsel for the first respondent commenced the arguments. His case is that the first respondent was served with the notice in the C.O. on 22.2.1994. The ex-parte decree was passed on 4.9.1995. The I.A. 9749/95 under Order 9 Rule 13 was filed on 12.10.1995 without any petition under Section 5 of the Limitation Act on the ground that the said I.A. is within 30 days from the date of knowledge of the ex-parte decree. However, on the objection taken by the applicant herein that the limitation for filing the application under Order 9 Rule 13 starts from the date of decree, by way of abundant caution, the first respondent filed the application under Section 5 of Limitation Act on the file of the Delhi High Court in I.A. No.246/2001 on 5.12.2001. The delay was eight days.;