ASHIM KUMAR BANERJEE, J.

( 1 ) BY means of the aforesaid writ petition, the petitioners have challenged the order dated 11-11-1987, passed by the II Additional District Judge, Muzaffarnagar (Respondent No. 1) allowing the application of the defendants-opposite parties under S. 5 of the Limitation Act for condoning the delay in filing the application under Order 9 Rule 13, CPC for setting aside the ex parte decree dated 28-5-1986. By the connected Civil Revision the revisionists have challenged the subsequent order dated 13-1-1988 by which the respondent No. 1 allowed the application under Order 9 Rule 13, CPC and set aside the ex parte decree. The counsel for the parties are agreed that the writ petition and the Civil Revision should be heard and decided together at the admission stage itself. With the consent of the parties, the aforesaid cases are being decided together at the admission stage under the rules of the Court.

( 2 ) BRIEFLY stated the facts so far as they are relevant for the purpose of the present cases are that Suit No. 122 of 1975 was filed by one Ram Saran for cancellation of the three Gift Deeds said to have been executed by him. The said Ram Saran died during the

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