A. SAMBASIVA RAO, AG. C. J.

( 1 ) AN appeal was presented in this Court with a delay of 3 years 6 months and 22 days. Punnayya, J. dismissed the petition filed under Section 5 of the Indian Limitation Act to condone the delay. This Letters Patent Appeal is against that judgment of dismissal.

( 2 ) A suit was filed to recover a sum of Rs. 5,500 and was numbered as O. S. 174/68 in the Court of the Second Additional Judge, City Civil Court. The written statement was filed by the defendants on 17-10-1969 and later the issues were framed. The suit underwent very many adjournments and finally on 18-2-1972 when the defendants, who were twelve in number, were absent, an ex parte decree was passed. They filed a petition under Order. 9, Rule. 13, Civil Procedure Code on 1-3-1972 to set aside that ex parte decree. That was, however, dismissed on 28-2-1974. C. M. A. No. 199/74 was filed against that order of dismissal but that was also dismissed on 7-8-1975. Keeping quiet for a month thereafter, the defendants applied for copies of the ex parte decree on 6-9-1975. They received them on 27-11-1975. Then they presented an appeal against the ex parte decree in this Court on 9-12-1975 with a petit

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