Honble BALIA, J.–Heard learned counsel for the parties.

(2). The Suit No. 192/87 was filed in the court of Assistant Collector, Jodhpur by Mangilal and Oma Ram respondents No. 6 & 7 in this petition against Jawana Ram son of Simratha Ram, Shivia, Khema Ram sons of Deda Ram, Kewal Ram son of Simratha Ram and the State of Rajasthan. A written statement is purported to have been filed only on behalf of defendants No.1 & 3 admitting the claim of the plaintiff. Petitioner No.2 Khema Ram has denied to have filed any written statement by himself or by any other person authorised on his behalf because according to the petitioners notice of the suit was not, in fact, served on them. Be that, as it may, vide its judgment dated 15.5.89, the Assistant Collector, taking note of the fact of the written-statement having been filed only by two of the defendants and the absence of written-statement on behalf of other defendants, dismissed the suit filed by the plaintiffs. No appeal against the said dismissal of the suit was filed until 2.7.91 by the plaintiffs. As the appeal was filed more than two years after passing of the decree, the plaintiffs also moved an application under Section 5 of the Lim

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