SURJEET SINGH Vs. KISHAN SINGH

JUDGEMENT

(1.) HEARD Sri P.M.N. Singh, Sr. Advocate assisted by Sri Sudhir Singh and Sri Jagdish Prasad, Counsel for the respondents.

(2.) BY the present appeal, the appellants have challenged the order dated 22nd January, 2003, by which, their application under Order IX, Rule 13 of the Code of Civil Procedure alongwith application under Section 5 of Limitation Act has been rejected.

(3.) THE appellants have filed an application of recalling of the said order stating therein that no summons were ever received by the applicants, who are the grand -father and grand -mother and without hearing the applicants the ex -parte order was passed on 2nd February, 2002. The application under Order IX, Rule 13 was filed on 5th August, 2002. The application was rejected by the then District Judge on 2nd February, 2002 on the ground that the application has been filed beyond the period of limitation.