HARLAL Vs. SHANKAR

JUDGEMENT

(1.) AN averments has been made in the application under Section 5 of the Limitation Act that after passing of the impugned ex -parte decree by the first appellate court, the application under Order IX, Rule 13 CPC r/w. Order XLVII, Rule 1 CPC r/w Section 151 CPC has been filed before the appellate court.

(2.) IT is submitted by learned counsel for the appellants that the application is still pending.

(3.) IN that view of the matter, the present appeal is dismissed with liberty to the appellants to pursue the proceedings under Order IX, Rule 13 CPC r/w Order XLVII, Rule 1 CPC.