JUDGMENT

(Dated this the 13^rd day of November, 2025)

This petition is filed by the petitioner/plaintiff for setting aside the orders dated 08.02.2024 passed by the Munsiff Magistrate, Mannarkkad in I.A.No.1104/2023 & IA No.1105/2023 in O.S.No.209/2021 filed by the respondents for condonation of delay and for setting aside the ex-parte judgment.

2. Heard the arguments of the learned counsel for the petitioner and learned counsel for the respondents.

3. The case of the petitioner is that the petitioner filed a suit against the respondents, O.S.No.209/2021. A summons has been served on the defendants but placed ex- parte. Accordingly, the trial court decreed the suit of the plaintiff on 23.08.2023. Subsequent to the passing of decree, the defendants, after the appealable period, filed application under Section 5 of the Limitation Act for condoning the delay of 18 days and another application filed under Order 9 Rule

13 of Code of Civil Procedure, 1908 (CPC) for setting aside the ex-parte judgment. Though, notice was issued to the plaintiff, it was not served, but a paper publication was taken, to be appeared by the plaintiff on 03.02.2024. When the plaintiff appeared through counsel on