Sanjay K. Agrawal, J.

1. This is an appeal by the defendants under Order 43 Rule 1(d) of the Code of Civil Procedure, 1908 (henceforth 'the CPC') challenging the order dated 18/06/2013 passed by 2nd Additional District Judge, Baloda Bazar, District Raipur in M.J.C. No. 7/2012, by which the application filed by the appellants/defendants under Order 9 Rule 13 of the CPC for setting aside the ex parte decree dated 8-11-2010 passed in Civil Suit No. 34-A/2009 and their application for condonation of delay in filing the application for setting aside the ex parte decree have been rejected by the trial Court. The facts in brief, necessary for adjudication of this appeal, are as under:--

(1.1) The respondents No. 1 to 3/plaintiffs herein filed a suit, being Civil Suit No. 34-A/2009 for declaration of title and permanent injunction on 24.08.2009, in which, the trial Court directed issuance of notice by ordinary mode as well as registered post on 26.08.2009 and the case was fixed for 23.09.2009. On 23.09.2009 the trial Court recorded in the order sheet that notice to the appellants/defendants by registered post has not been served as their address is incorrect and the case was fixed on 22