1. - This appeal under Order 43, Rule 1 (d) CPC has been filed against the order dated 19.04.2010 passed by the Additional District Judge No. 1, Bhilwara camp Gangapur, whereby, the application filed by the appellant under Order 9, Rule 13 CPC was rejected. This appeal is time barred by 649 days and an application under Section 5 of the Limitation Act has been filed seeking condonation of delay in filing the appeal.

2. In the said application, it has been contended that the ex-parte decree was passed by the trial court on 13.07.2005, for which, information was not given to him nor the counsel informed him about the same. He came to know about the said ex-parte decree dated 13.07.2005 on 23.03.2007 when in pursuance of the execution launched by the plaintiff the process server came to him. As the application under Order 9, Rule 13 CPC was barred by time, the application under Section 5 of the Limitation Act was also moved. It was then stated in the application that the said application under Order 9, Rule 13 CPC was dismissed by the trial court on 19.04.2010. The counsel engaged by the appellant did not appear in the matter and another counsel appeared in the matter at the c