Hon'ble TRIVEDI, J.—The precise question that falls for consideration before this court is as to whether delay occurred in filing the present appeal filed under section 96 of CPC, challenging the exparte decree passed by the trial court should be condoned on the ground that the applicants-appellants (original-defendants) had filed an application under order 9, Rule 13 of CPC before the trial court for setting aside the same exparte decree, which application ultimately came to be dismissed by the trial court ?

2. A few facts, giving rise to the present application filed under section 5 of the Limitation Act seeking condonation of delay occurred in filing the appeal, are that the present respondent (original plaintiff) had filed a suit being No. 4/2007 (13/95) (42/1995) against the present applicants-appellants (original defendants) in the court of Addl. District Judge (Fast Track) No.7, Jaipur City, Jaipur (hereinafter referred to as the 'trial court'), on 17.1.95, seeking specific performance of an agreement alleged to have been executed by the appellants in favour of the respondent on 29.11.1986 with regard to the sale of the suit property described in para No. 1 of the plaint. In

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