JUDGMENT

Sanjay K Agrawal, J. - This writ petition under Article 227 of the Constitution of India is directed against the impugned order dated 25th June, 2019 passed by the District Judge, Raigarh in Civil MJC No.8/2018, by which the defendant's application under Section 5 of the Limitation Act, 1963 has been allowed and thereby the application under Order 9 Rule 13 read with Section 151 of the CrPC has also been allowed and consequently, the ex parte judgment & decree dated 17-2-2010 passed in Civil Suit No.14-A/2009 has been set aside and the suit filed by the petitioner / plaintiff has been restored to its original number for hearing and disposal in accordance with law.

2. Mr. B.P. Sharma, learned counsel appearing for the petitioner herein / plaintiff, would submit that the trial Court is absolutely unjustified in holding that there is sufficient cause for condoning the delay in filing the application under Order 9 Rule 13 of the CPC, as the defendant was already served in the main civil suit and in the execution proceeding filed on 28-6-2010 by the plaintiff, the defendant was served with the notice of execution on 9-4-2013 and despite service, he remained absent and thereafter