CRP 292/2011 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. D. Choudhury, learned counsel for the petitioners as well as M r. B.C. Das, learned Sr. counsel appearing respondent. The petitioners, who are the defendant Nos.2 to 4 in Title Suit No.3/200 8 and applicants in Misc. Case No.9/2010, by this present petition have challeng ed the order dated 06.05.2011 passed by the learned Civil Judge (Senior Division ), Lakhimpur at North Lakhimpur, in Misc. Case No.9/2010 rejecting the applicati on filed by the petitioners on the composite prayer for condonation of delay and for setting aside the ex-parte decree. The said application seeking condonation of delay was rejected on the ground that no separate application under Section 5 of the Limitation Act seeking condonation of delay has been filed. It appears from the application, which was registered and numbered as Mi sc. Case No.9/2010 filed by the present petitioners that the same was a composit e application. The petitioners apart from praying for an order for condonation o f delay under Section 5 of the Limitation Act, has also prayed for an order for setting aside ex-parte decree passed on 25.01.2010 in Title Suit No.3/2008 in so far as they are concerned. Reading of the impugned order dated 06.05.2011 revea ls that the learned Court below while commenting on the prayer made under Order 9 Rule 13 of the CPC, has refused to consider the prayer for condonation of dela y and entertain the application under Order 9 Rule 13 CPC as no separate applica tion under Section 5 of the Limitation Act was filed. An application under Order 9 Rule 10 of the CPC and Section 5 of the Lim itation Act can be composite one. Since the petitioners have filed a composite a pplication, the learned Court below ought not to have refused to consider the pr ayer for condonation of delay on its merit. In view of the above, the order dated 06.05.2011 passed by the learned C ivil Judge (Senior Division), Lakhimpur, is set aside. The matter is remitted to the learned Civil Judge for deciding the question of limitation first and in ca se the delay is condoned, to proceed to decide the application under Order 9 Rul e 13 of the CPC in accordance with law. The parties are directed to appear befor e the learned Civil Judge (Senior Division), Lakhimpur at North Lakhimpur on 19. 01.2012. The revision petition is accordingly allowed, as indicated above. No cos t.