( 1 ) BY this order I propose to dispose of Interlocutory Application no. 5278/2005 moved under Order 9 Rule 13 read with section 151 of the Code of civil Procedure for setting aside the judgment and decree dated the first of march 2005 passed in C. S. (OS) No. 1900/1996.

( 2 ) THE said suit was filed by M/s. S. A. Builders for making the arbitral award dated 28th of June 1996 a Rule of the court under the Arbitration act 1940. The applicant herein had filed their objections against the said award within the limitation period. While the matter was ripe for hearing and was being shown on the regular board, none appeared on behalf of the applicant when the matter was taken up on 1st March 2005 and the Court decided the matter ex parte. The objections filed by the applicant came to be dismissed and the decree was ordered to be drawn up in favour of the plaintiff.

( 3 ) THEREAFTER, the decree holder preferred an execution application being EA No. 75/2005. Notice of the filing of the said execution petition was received by the applicant during the summer vacations of 2005.

( 4 ) THE present application has been filed along with an application for condonation of de