Alok Singh, J.

1. Present petition is filed assailing the judgment & order dated 26.09.2013 passed by Commissioner, Kumaon Division as well as order dated 10.05.2013 passed by Assistant Collector, First Class, Bhawar, Haldwani, Nainital rejecting the application under Section 5 of the Limitation Act seeking condonation of delay in moving restoration application under Order 9 Rule 13 CPC for setting aside ex parte judgment and decree dated 08.04.2010.

2. Brief facts of the present case inter alia are that plaintiff/respondents no. 3 and 4, herein, filed revenue suit no. 22/165 of 2002 in the court of Assistant Collector, First Class, Bhawar, Haldwani against Ganga Devi, (mother of petitioners & respondent no. 5, herein) as well as against the State Government and Gram Sabha, Bacchi Nagar, seeking declaration to the effect that plaintiff /respondents no. 3 and 4, herein, be declared as Bhoomidhar with transferable rights of the property, in question, in view of the fact that plaintiffs have matured their title by way of adverse possession against Smt. Ganga Devi – original defendant no. 3. During the pendency of suit, Smt. Ganga Devi expired, consequently, petitioners as wel