An application under Order 9, Rule 9, C. P. C. was filed by the defendant in O. S. No. 330 of 1966 on the file of the City Civil Court, Madras, to set aside the ex parte decree passed in that suit on 29-10-1968 and to restore the suit on the file for being disposed of in accordance with law. This application was filed on 29-11-1968. When it came up for hearing before the II Assistant Judge. City Civil Court, Madras, the learned Judge after hearing both sides, accepted the contention of the respondent that the petition was barred by limitation and in view of the fact that no petition for excusing the delay under Section 5 of the Limitation Act was filed along with the petition to set aside the ex parte decree, he dismissed the application. C. M. A. 19 of 1970 was preferred to the Principal Judge, City Civil Court, Madras. The learned appellate Judge noted that there was a day's delay in the presentation of the application. But he was in accord with the learned Assistant Judge that as there was no application apparently a written application, under Section 5 of the Limitation Act, the main application was not maintainable. He relied upon an unreported decision of this court