Sudhir Agarwal, J.

1. Heard Sri V. Singh, learned counsel for the petitioners and perused the record.

2. This writ petition is directed against the order dated 06.03.2013 whereby the Additional District Judge, Court No. 3, Kanpur Nagar has allowed delay condonation application filed under Section 5 of Limitation Act, 1963 (hereinafter referred to as the "Act, 1963") giving benefit of Section 14 of Act, 1963 in filing appeal under Section 96 C.P.C.

3. It appears that petitioners' Original Suit No. 1282 of 1974 was decreed on 07.11.1987, whereagainst the defendant-respondent moved an application under Order 9 Rule 13 C.P.C., registered as Misc. Case No. 133/74 of 1987. The said application was rejected on 17.08.1991. Thereagainst the defendant-respondent preferred Misc. Appeal No. 146 of 1991 which was also rejected on 12.03.2003 observing that proper remedy available to defendant is to file regular appeal under Section 96 . Thereafter he filed a regular appeal alongwith delay condonation application under Section 5 of Act, 1963 and by means of impugned order dated 06.03.3013 it is this application, seeking condonation of delay in filing appeal, which has been allowed.

4. Lea