JUDGMENT :

Ajithkumar, J.

Issue is simple; but intricate. Do the provisions of Section 9 of the Limitation Act (for short ‘the Act’) have application to a motion under Section 5 of the Act?

2. Last day for filing the application for setting aside the ex-parte decree was 20.05.2017, but filed only on 06.04.2019 with a delay of 696 days. Reason for the delay from 20.05.2017 to 19.06.2017 was not explained, but the reason for the remaining period was explained. Section 9 of the Limitation Act says that when the time for filing a suit or making an application starts running, it would not stop on account of a subsequent disability or inability. The learned Sub Judge held that the provisions of Section 9 applies to an application under Section 5 of the Act. Accordingly, the application filed by the appellant for condonation of delay was dismissed saying that the delay from 20.05.2017 to 19.06.2017 was not explained. Legality of the said finding is essentially in question in this appeal.

3. The respondent filed O.S.No.101 of 2016 before the Sub Court, Ernakulam, for realisation of an amount of Rs.25 lakhs, together with its interest from the appellant and his assets. The appellant entered app