JUDGMENT

The application filed to set aside the ex-parte decree under Order IX Rule 13 of the Code of Civil Procedure was dismissed for default. The said application was however supported by an application for condonation of delay of 364 days.

2. The defendants thereafter filed yet another application to restore the earlier applications for setting aside the ex-parte decree and to condone delay. These applications were also dismissed for want of explanation for eight days.

3. The defendant thereafter filed another set of applications to restore the original applications referred to above. The same has been rightly dismissed by the court below on the ground of res judicata.

4. I however feel that an opportunity should be afforded to the defendants to pursue the original applications on merit. This is because the plaintiffs are claiming a right of easement over a land which is used as a bus depot.

5. The impugned orders are set aside and I.A. No.

262/2005 and 263/2005 in O.S. No. 186/2003 are restored. The court of the Munsiff of Peermade is directed to pass orders on the same within a period of two months from today.

6. This is however subject to the condition that the petitioners/defendan