1. This revision petition is directed against the order dated 23rd August, 1999 passed by the Court of 4th Additional District Judge, Srinagar, in terms whereof, application seeking Condonation of delay as well as application seeking setting aside of ex parte decree, has been dismissed. Learned trial court while dismissing the said applications has opined that lenient view could be taken for condoning the delay but there is no merit in the application seeking setting aside of the exparte decree.

2. Order IX Rule 13 of the Code of Civil Procedure envisages following two alternate grounds for setting aside exparte decree:

(1) if the aggrieved party satisfies the court that the summon was not duly served, or

(2) the party was prevented by any sufficient cause from appearing when the case was called on for hearing.

The petitioners in the application seeking setting aside of the ex parte decree have projected only one ground i.e. summon was not duly served upon the petitioners. Perusal of the trial court record reveals that the suit has been instituted on 14.06.1993, on behalf of defendant No. 3(respondent No. 2 herein) Rashid Ahmad, Manager Personnel, had appeared on 28.06.1993 whereas on

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