A.O. No. 372 of 2009 With Stay App. No. 9549 / 09 Hon. Prafulla C. Pant, J. Mr. J.C. Belwal, Advocate present for the appellants. Heard learned counsel for the appellants. This appeal is directed against the order dated 29.09.2009, passed by the District Judge, Udham Singh Nagar, in Misc. Case No. 73 of 2008, whereby the application 4-C for condonation of delay has been rejected by said court. Brief facts of the case are that the Suit No. 73 of 2008, was instituted by the plaintiff / respondents against the appellants. All the parties are members of the same family. The suit was decreed ex parte on 16.03.2004. The application under Order IX Rule 13 of the C.P.C. was moved along with application 4-C under Section 5 of the Limitation Act, 1963, only on 08.09.2008 i.e. after 1573 days (after four years). The ground for absence in the suit is not sufficiently explained in the affidavit filed with the application 4-C. I concur with the reasoning given by the District Judge, Udham Singh Nagar, in rejecting the application. Therefore, the appeal is dismissed summarily. (Stay Application No. 9549 of 2009 also stands dismissed). (P.C. P., J.) 09.11.2009 HN