Harsh Kumar, J. - (1.) Present F.A.F.O. has been filed against order dated 6.4.2012 passed by Additional District Judge, Court No.17, Agra in Misc. Case No.70/10 rejecting application of appellants under Section 5 of Indian Limitation Act for condonation of delay and consequently rejecting application under Order IX Rule 13 of Code of Civil Procedure, hereinafter referred to as "C.P.C." for setting aside exparte judgment and decree dated 5.1.2004 in Original Suit No.287/2003 passed by Additional District Judge, Court No.17, Agra.
(2.) Brief facts relating to the case are that respondent No.1, Arvind Kumar filed Civil Suit No.287 of 2003 for permanent injunction against appellants, which was decreed exparte on 5.1.2004. The appellants (who were defendants of suit) moved an application under Order IX Rule 13, C.P.C. for setting aside exparte decree dated 5.1.2004 passed in civil suit No.287/2003, Arvind Kumar Vs. Girish Chand Verma and others along with an application under Section 5 of the Limitation Act for condonation of delay, which have been rejcted vide impugned order dated 6.4.2012. Feeling aggrieved defendants have preferred this First Appeal From Order.
(3.) Heard Shri Pankaj Agrawal, learned counsel for the appellants and Dr. S.B. Singh, Advocate holding brief of Shri Anil Kumar Yadav, learned counsel for the respondent No.1 and perused the record as well as lower court record.;