JUDGMENT :- The defendants in the suit are the appellants in C. M. A. No. 187 of 1972 and the petitioners in C. R. P. No. 1055 of 1972. The suit was filed against the defendants for recovery of a sum of Rs. 11,471-56 on two heads i.e. one on a pronote and another on dealings. On 27-2-1971, an ex parte decree has been passed. On 3-9-1971, the defendants were served with notice in the execution petition. After coming to know of the execution petition, the defendants on 4-9-1971. filed two inter locutory applications I. A. No. 1909 of 1971 for the purpose of excusing the delay in filing the application for setting aside the ex parte decree, and I. A. No. 1910 of 1971 for setting aside the ex parte decree dated 27-2-1971. The trial Court dismissed both these applications. The defendants have filed C. M. A. 187 of 1972 against the decision in I. A. 1910 of 1971 and C. R. P. No 1055 of 1972 against the decision in I. A. 1909 of 1971.

2. Mr. Narayanaswami learned counsel for the appellants and the petitioners respectively in the abovesaid cases submitted that as per Art. 123 of the Limitation Act. the time to file the petition to set aside the ex parte decree will run only from the date of

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