Pursuant to the order dated 26th March, 2014 the petition is taken up for final hearing at the stage of admission. Heard the Counsel.

2. The short question arising for consideration in this appeal is, whether the proceedings taken out to set aside the ex-parte decree constitute "sufficient cause" within the meaning of Section 5 of the Indian Limitation Act so as to extend the period of limitation of an appeal against the ex-parte decree.

3. The brief facts required to be stated for deciding the question are as follows:

The petitioners, the original plaintiffs filed Regular Civil Suit No. 35 of 2007 against the respondents for partition and separate possession of the suit property. It was decreed ex-parte on 4th July, 2008. A month thereafter, i.e. on 5th August, 2008 the respondents obtained its certified copy. On 12th August, 2008 they filed application under Order 9 Rule 13 Civil Procedure Code ("CPC" for short) for setting aside the ex-parte decree. The trial Court by its detailed judgment and order dated 6th August, 2010 rejected the application. The respondents challenged the order by preferring appeal to the District Court on 29th September, 2010, but about three year