( 1 ) THIS is an application basically under Order 9 Rule 13 of the Code of Civil Procedure along with various other reliefs. This application has been made by the pen of Personnel Manager (East) and constituted attorney of the company on 5th September, 2000 for the purpose of recalling the decree dated 12th January, 2000 in C. S. No. 430 of 1999 (Gopal Lukharia v. Praxair India Limited ). In the instant application the defendant/petitioner also prayed for various reliefs in connection with the execution application arising out of decree being G. A. No. 1859 of 2000.

( 2 ) IT is pertinent to mention here that the application was admittedly made out of time prescribed under Article 123 of the Limitation Act, 1963. Article 123 of the Limitation Act says that a period of thirty days is fixed for such application which will be counted from the date of the decree or where the writ summons or notice was not duly served when the applicant have knowledge of the decree. It appears that both the parts are distinctive from each other. From the facts narrated by the defendants/petitioner it appear not only the writ of summons was served but the defendant/petitioner company en