1. Plaintiffs namely Smt. Kanti Mishra, Sameer Mishra, Durgesh Mishra and Smt. Seema Shukla instituted a suit for eviction against defendants before the trial Court, in which present defendant / judgment debtor No. 6 - Salim Memon appeared and engaged the counsel to contest the suit, the said counsel was regularly appearing before the trial Court on behalf of petitioner and on 26.11.2009 he failed to appear before the trial Court, thereafter, the ex parte judgment & decree was passed by the trial Court on 31.03.2010 in favour of the plaintiffs.

2. Defendant No. 6 - Salim Memon / petitioner came to know about the ex parte judgment & decree passed by the trial Court only on 18.02.2012 and immediately thereafter he engaged another counsel and as per his instructions and after obtaining certified copy of the relevant documents, he filed an application under O.9 R.13 read with S.151 CPC supported by affidavit along with application for setting aside ex parte order and also filed an application under S.5 of the Limitation Act on 12.03.2012 for condoning the delay in filing the same.

3. Respondents / plaintiffs opposed the said applications stating that notice of execution of ex parte decre