Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. IX, Rr. 13 & 6 & S. 151---Limitation Act (IX of 1908), Art. 181---Specific Relief Act (I of 1877), S. 8---Suit for possession of immovable property---Ex parte decree, setting aside of---Limitation---Appeal---Delay, condonation of---Word "date of hearing"---Scope---Applicants moved an application for setting aside of ex parte decree which was dismissed concurrently on the ground of limitation---Validity---Court could proceed against defendant ex parte and pass a decree without recording evidence if he/she had failed to appear before the court when suit was called for hearing---Suit had to be proceeded on various steps and court had to fix dates for certain actions to be taken---Routine dates could not be called for hearing of the suit and could only be attributed for hearing of such particular matter which was specified in the order of the court---Defendant did not appear before the court when suit was fixed for submission of his written statement and he was proceeded against ex parte---Case was not fixed for hearing but same was fixed for submission of written statement which was not a "date of hearing" and defendant could not be proceeded against on the said date---No period of limitation had been prescribed for setting aside ex parte order and Art. 181 of Limitation Act, 1908 provided a period of three years---Trial Court had erred in law while declaring the application for setting aside ex parte proceedings as barred by time---Period of limitation had been prescribed for setting aside ex parte decree under O. IX, R. 13, C.P.C. but suit was not fixed for hearing when defendant was proceeded ex parte---Trial Court was not justified while treating the application for setting aside ex parte order as beyond limitation---No limitation would run against the impugned order as same had no legal effect---Ex parte proceedings could be set aside even under S. 151, C.P.C.---Article 181 of Limitation Act, 1908 would govern the issue which had provided three years limitation period when provisions of S. 151, C.P.C. were taken into cognizance---Delay of 9/10 days in filing of appeal could not be held fatal to non-suit the…