SUNITA AGARWAL,J. - (1.) Heard Sri Prabhakar Awasthi, learned counsel for the petitioners and Sri Vineet Kumar Singh, learned counsel for the respondent.
(2.) The present petition is directed against the order dated 26.8.2016 passed by the Additional District Judge, Court No. 4, Maharajganj in Misc. Civil Appeal No. 21 of 2015 (Anant Prasad Tulsiyan v. Vinod Kumar and 2 others) which has been filed against the judgment and order dated 21.2.2015 passed on the application under Section 5 of the Limitation Act namely Paper No. 39Ga.
(3.) The facts in brief relevant to decide the controversy at hand are that the suit filed by the petitioner herein/plaintiff was decreed on 2.9.1999. For recall of the ex-parte decree, an application under Order 9, Rule 13 CPC was filed on 12.11.1999. This application remained pending till the year 2013. On 9.5.2013, an application under Section 5 in support of the application under Order 9, Rule 13 CPC was filed by the defendant with the assertion that the delay in filing the application under Order 9, Rule 13 CPC for recall of the exparte decree be condoned. This application was rejected vide order dated 21.2.2015 which has been challenged in appeal registered as Misc. Civil Appeal No. 21 of 2015, which was allowed vide judgment and order dated 26.8.2016. Hence this present petition.;