Hon'ble AGARWAL, J.—This order will dispose of application filed by the defendant-appellant under Section 5 of the Limitation Act to condone the delay caused in filing the appeal preferred against the impugned Exparte judgment and decree dated 13.5.1997 passed by the Additional District Judge No. 1, Ajmer in Regular Civil Suit No. 68/96 filed by the plaintiff-respondents for specific performance of agreement to sell dated 16.7.93. It is an admitted fact that the appeal is delayed by 3541 days.

2. It has been averred in the application that when they were served with notices for appearance issued by the Court below in Execution Case No. 41/2003, they engaged advocate Shri S.D. Sharma and asked him to make necessary inquiry about the case and thereafter it was informed by Mr. Sharma to them that an exparte decree dated 13.5.1997 has been passed by the court below in Suit No. 68/96 filed by the respondents for specific performance of agreement of sell dated 16.7.93 and thereby they were for the first time made aware of the fact that such an exparte decree has been passed against them. It was further averred by them that they being illiterate ladies residing in villages and being unawar

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