ordered and the defendant was proceeded ex parte on 18.09.2007. A(cid:24)er recording ex parte evidence, the suit was decreed vide judgment and decree dated 19.09.2012.

3. Banwari Lal expired on 29.11.2012. The respondent, his grandson, claimed succession to the suit property on the basis of a registered Will dated 06.05.2012, which was subsequently mutated in his favour on

10.06.2013 vide Muta,on No.4349 (Annexure P-7).

4. Respondent moved an applica,on under Order IX Rule 13 CPC on 04.03.2014 for se6ng aside exparte judgment and decree dated 19.09.2012 (Annexure P-3). According to the respondent, he first acquired knowledge of the ex parte decree on 03.03.2014, when he obtained a copy of the jamabandi from the revenue authori,es. He then immediately filed the applica,on under Order IX Rule 13 CPC along with an applica,on under Sec,on 5 of the Limita,on Act.

5. Pe,,oners contested the applica,on by contending that defendant Banwari was duly served as per law; that applica,on under Order IX Rule 13 CPC was hopelessly barred by limita,on; that the respondent had construc,ve knowledge of the decree at least on 10.06.2013, when muta,on of the Will was sanc,oned; and that the respondent wa