ORDER

1. The appellant herein had obtained a preliminary ex parte decree in a mortgage suit (being OS No. 142 of 1986) on 28-11-1989. The amount due under the preliminary decree is Rs 59,640. The respondent judgment-debtors (hereinafter referred to as "the respondents") were duly served in the suit and 9 represented through a counsel.

2. As the respondents did not appear, the Court passed the ex parte decree on 28-11-1989. The appellant decree-holder took out proceedings under Order 34 Rule 5 CPC for passing of the final decree. At this stage, the respondents filed an application under Order 9 Rule 13 for setting aside the ex parte decree dated 28-11-1989, along with an application under Section 5 of the Limitalioo Act, 1963 (hereinafter referred to as "the Act") for condonation of delay of 2598 days. The trial Court dismissed the application under Section 5 of the Act holding that sufficient cause to condone the delay of more than seven years had not been shown.

3, Aggrieved against the order of the trial court, the respondents filed revision petitions, which have been disposed of by the impugned order. The High Court has set aside the order of the trial Court and condoned the del