JUDGMENT :

1. Civil Second Appeal is sought to be filed after delay of 13 years, 09 month and 20 days.

2. A suit for declaration was filed by plaintiff/respondent before the Court of City Judge, Srinagar (for short “Trial Court”) on 01st July, 2001, which suit was decreed on 05.6.2003. The said suit was decreed in ex parte as defendants after they were duly served remained absent and ex parte proceedings were initiated against them. On 17.10.2001, evidence in ex parte was recorded. Defendants filed their application seeking setting aside of ex parte proceedings, but thereafter remained again absent, which resulted in dismissal of their application seeking setting aside of ex parte proceedings on 07.2.2003. So, it is clear from the proceedings that defendants had knowledge of the pendency of the suit before the Trial court as they had filed an application seeking setting aside of the order whereby defendants were proceeded in ex parte.

3. After suit was decreed, the defendants did not choose to file the Appeal throwing challenge to the aforesaid judgment and decree within the time prescribed under the Limitation Act. The Appeal, however, was filed beyond the limitation period before th