N.K. Mody, J.

1. Being aggrieved by the order dated 4-8-2003, passed by IInd ADJ, Indore in M.A. No. 18/2001, whereby the order dated 28-4-2001, passed by IInd Civil Judge Class-II, Indore in Misc. Civil Case No. 29/97 was confirmed and the application filed by the petitioner under Order 9, Rule 13, Civil Procedure Code along with section 5 of Limitation Act was dismissed, the present petition has been filed.

2. Short facts of the case are that the respondents No. 1, 2 and 3 were filed the suit against the petitioner, which was numbered as 118/84-A, for which the petitioner was served and did not appear. Therefore, suit proceeded in ex-parte Civil Rev. No. 433 of 2003 decided on 12-8-2005. (Indore) from 1-10-1984. Ultimately on 8-7-1988, an ex-parte decree was passed against the petitioner. On 29-11-1994, an application under Order 9, Rule 13, Civil Procedure Code was filed, wherein it was prayed that the ex-parte decree passed against the petitioner be set aside. The ground for setting aside the decree was taken that the petitioner obtained the permission from the authorities of Municipal Corporation for construction of house and at that time the petitioner was told by the offi