JUDGMENT :

RASHID ALI DAR, J.

1. An ex-parte judgment and decree had been called in question by the respondents, which had followed against them in a suit filed by the present petitioner, in the Court of Sub-Judge, Jammu. The suit has been instituted on 29.05.2009 and decided on 30.05.2015. The respondents filed an application for setting aside the said judgment and decree along with an application for condoning the delay in filing the same. The said application has been allowed by the learned Sub-Judge, Jammu by passing an order on 26.02.2019. Learned Sub-Judge has noted the facts including the factum of filing of suit, passing of ex-parte judgment and decree on 30.05.2015 and thereafter the commencement of the execution proceedings at the instance of the Plaintiff, wherein other side has caused appearance.

2. Learned Judge has referred to the averments of the application presented before him for condoning the delay. The respondents herein had pleaded therein that they had engaged a counsel to defend the case, who had advised them that their presence was not required and so they did not appear before the said Court. The plea had also been taken as noted in the impugned order that the