Per T.S. Doabia J

1. The Divisional Manager, J&K State Forest Corporation, Division Udhampur through self and on behalf of the Corporation has preferred an application seeking setting aside of the ex-parte decree dated 22.08.1997.lt is submitted that the petitioners had no knowledge regarding the award having been filed in the court. The decree in terms of the award was passed on 22.08.1997. An application for setting aside it was filed in this court on 13.08.1998. It was obviously barred by limitation, the question arose as to whether the Corporation was prevented for good and sufficient cause from filing application under order 9 Rule 13 of the Code of Civil Procedure, and could seek the setting aside the decree. Opportunity was given to the petitioners to lead evidence. Statement of Sh. Mughal was partly recorded on 09.10.2000. On 20.10.2000, this court made an observation to the effect that the court does not want to cross-exmine the witness for further proceedings and recording evidence.

2. As indicated above, an application has been filed in for setting aside the exparte-decree passed on 22.08.1997, this application was filed on 13.08.1998. The plea taken is that this