( 1 ) THIS is an application filed by the Defendants 1 to 3 under Order IX Rule 13 read with Section 151 of the Civil Procedure Code, 1908 (hereinafter referred to as civil Procedure Code. ). It also contains a prayer for condonation of delay in filing the application under Section 5 of the Limitation Act.

( 2 ) THE Applicants were proceeded ex parte on 30/9/1997, on which date of hearing the interim orders previously passed, were also made absolute. Subsequent thereto the suit was decreed by Judgment dated 16/3/1998. Thereafter I. A. 3429/98 was filed by the plaintiff praying for possession of the suit premises and for the execution of the Sale Deed in accordance with the Decree. Notice of this application was ordered to issue to the Judgment Debtors/applicants; and was served on them in the third week of May, 1998. The present application was filed on 12/8/1998. It is averred that none of the Applicants (Defendants 1 to 3) were ever served with a copy of the summons along with the plaint. The Report of the Process Server has been assailed on the grounds that it has been incorrectly recorded therein that the Process Server had met Ms. Alpana Vaid and that she had