JUDGMENT

Bhan, J.-Delay condoned.

2. Leave granted.

3. The short point involved in these appeals is as to whether "the dismissal of an appeal against an ex-parte decree on the ground that the same is barred by limitation attracts the provisions of explanation to Order IX Rule 13 of the Code of Civil Procedure and creates a bar to the maintainability of an applicability under Order IX Rule 13, CPC for setting aside an ex-parte decree.

4. Appellant, (then a minor), while going from School to his house at Lakshmi Talkies, Andersonpet, KGF, Bangalore met with an accident at about 1.30 p.m. on 30th November, 1988 with a motorcycle bearing Registration No. MEB 910. Respondent No. 1, A.S. Khadar was driving the motorcycle which is owned by respondent No. 2 (respondent No. 1 is the son of respondent No. 2). Appellant, through his father, filed a claim petition under Section 110A of the Motor Vehicles Act on 28th March, 1989 for a total sum of Rs. 1,50,000/- as compensation. Respondent Nos. 1 and 2 appeared through a common advocate who filed his vakalatnama on their behalf before the Motor Accident Claims Tribunal, Kolar (for short the Tribunal ). On 3rd December, 1991 the counsel appearing