VALMIKI J. MEHTA, J.

1. This case is on the Regular Board of this Court since 27.2.2012. The case was called out on earlier occasions and an order was recorded on one such date i.e. 3.5.2012 wherein respondent appeared through counsel and adjournment was granted for 7.5.2012 and counsel for the respondent stated that he will inform counsel for the appellants of the appeal having been called out for hearing. The matter has been called out today in the Regular Matters as the same is effective item no.1. No one appears for the parties. I have therefore perused the record and am proceeding to dispose of the appeal.

2. The challenge by means of this Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the trial Court dated 4.5.2004 decreeing the suit filed by the respondent/plaintiff under Order 37 CPC inasmuch as the trial Court held that the appearance was not filed within the prescribed period of limitation. Following are the observations of the trial Court for decreeing the suit:-

“I have perused the record, the documents placed on record and heard the ld. counsel for the defendant. The summons for appearance wer