(1.) This is an appeal by the defendants under Order 43 Rule 1(d) of the Code of Civil Procedure, 1908 (henceforth 'the CPC') challenging the order dated 18/06/2013 passed by 2nd Additional District Judge, Baloda Bazar, District Raipur in M.J.C. No. 7/2012, by which the application filed by the appellants/defendants under Order 9 Rule 13 of the CPC for setting aside the ex parte decree dated 8-11-2010 passed in Civil Suit No. 34-A/2009 and their application for condonation of delay in filing the application for setting aside the ex parte decree have been rejected by the trial Court. The facts in brief, necessary for adjudication of this appeal, are as under:--
(2.) Shri Vikram Singh, learned counsel appearing for the appellants/defendants would submit that the trial Court has committed legal error in rejecting both the applications filed under Order 9 Rule 13 of the CPC and under Section 5 of the Limitation Act.
(3.) Per contra, Shri J.R. Verma, learned counsel appearing for the respondents/plaintiffs No. 1 & 2 would submit that the trial Court is absolutely justified in rejecting the defendants' application as even after the knowledge of the decree the appeal has not been filed within time.
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