1. - This Civil Misc. Appeal has been preferred by the defendant against order dated 14.3.2000 passed by the Additional District Judge No. 3. Kota dismissing the application under Section 5 of the Limitation Act for condonation of the delay of about seven years in moving application under Order 9, Rule 13 Civil Procedure Code for setting aside ex parte decree passed on 15.4.1991 for eviction.

2. The facts relevant for deciding this appeal are that plaintiff respondent filed a suit for eviction and realisation of rent against the defendant appellant before the District Judge Kota on the ground of default in not having paid rent of suit premises @ Rs. 1,100/- per month for 10 months upto 1.3.1989 and Rs. 730/- towards deficit payment of rent for February, 1988. After service of the summons, though the defendant appeared on 17.3.1990 but thereafter defaulted by remaining absent. Since the defendant appellant discontinued to appear nor on his behalf, has advocate appeared in Court. Therefore, the trial Court had no option but to proceed in the suit ex parte and during ex parte proceedings, plaintiffs produced Udai Shanker (PW 1) in support of the averments made in the plaint. A