S. Muralidhar, J.

IA Nos. 6012 & 6014 of 2009 in CS(OS) No. 1043 of 1999

1. IA No. 6012 of 2009 is an application under Order IX Rule 13 CPC on behalf of the Defendant seeking the setting aside of the ex parte judgment and decree dated 24th October 2002 passed by this Court in Suit No. CS (OS) 1043 of 2009.

2. The application has been accompanied by an IA No. 6014 of 2009 under Section 5 of the Limitation Act seeking condonation of delay in filing the application under Order IX Rule 13 CPC.

3. The aforementioned suit was filed by the Plaintiff seeking recovery from the Defendant of a sum of Rs. 10,42,459/- together with pendente lite interest @ 24% per annum from the date of filing of the suit till the realisation of the amount and the costs. By an order dated 14th May 1999 of this Court, summons to the Defendant were directed to issue returnable on 26th October 1999. Summons were directed to be served on filing of process fee as well as registered covers with acknowledgment due. On 26th October 1999 the learned Joint Registrar noticed that none is present for the Defendant despite service nor any written statement filed. The case was therefore directed to be listed befor