The defendants in O.S.74 of 2001 on the file of Subordinate Judge, Nedumangad are the revision petitioners. This Civil Revision Petition is filed against an order passed by the learned Sub Judge dismissing an application filed under Section 5 of the Limitation Act for condoning the delay in filing a petition under Order IX Rule 13 of the Code of Civil Procedure for setting aside and ex parte decree.

2. The short facts necessary for the disposal of the Civil Revision Petition are as follows: The respondent filed a suit for realization of Rupees Twelve lakhs allegedly due to him under an agreement. The revision petitioners entered appearance, but they were absent on the date on which the case was posted for trial. So, on 8.4.2002 the suit was decreed ex parte. The revision petitioners filed I.A.50 of 2003 under Order IX Rule 13 for setting aside the ex parte decree after the period of limitation and I.A.51 of 2003 under Section 5 of the Limitation Act for condoning the delay in filing the petition to set aside the ex parte decree. In the affidavit filed in support of the petition for condonation of delay, it was averred that on receipt of the summons they entrusted the Vak