The sole respondent herein filed O.S.No.246 of 2006 in the Court of the I Additional District Judge, Visakhapatnam against the petitioners herein for the relief of specific performance of agreement of sale, dated 04.12.2003, in respect of the suit schedule property. Being the father of petitioners 2 to 4, the deceased 1st petitioner filed written statement on 20.06.2007 and the same was adopted by the other petitioners. The 1st petitioner died on 27.07.2007. However, without taking any formal steps to bring the legal representatives of the deceased 1st petitioner on record, the trial Court proceeded and passed an ex parte decree, dated 07.09.2009.

E.P.No.5 of 2012 was filed for execution of the decree. At that stage, petitioners 2 to 4 filed an application under Order 9 Rule 13 C.P.C., with a prayer to set aside the ex parte decree. Since there was delay, I.A.No.754 of 2012 was filed under Section 5 of the Limitation Act. They reckoned the period of limitation from the date of knowledge and stated that the delay is 31 days. The application was opposed by the respondent. Through its order, dated 07.02.2013, the trial Court dismissed the I.A. Hence, this revision.

Heard th