1 IN THE LHIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6932/2004 Mahavir Feeds PETITIONER VS. M/s Jivraj R.Gandhi RESPONDENTS Mr.R.N.Sanghavi ,Adv.for petitioner Mr.Rahul R.Singh i/b Mr.P.R.Arjunwadkar for Respondents CORAM: MRS.MRIDULA BHATKAR,J. DATE : 29th April,2009 P.C. . This petition is filed against the order dated 28/4/2004 passed by the Civil Judge,S.D.Pandharpur rejecting the application for condonation of delay. 2] The learned counsel for the petitioner has submitted that the suit was for recovery of money filed against the petitioner. The was decreed exparte. The petitioners have moved the Court under order 9 rule 13 of the Code of Civil Procedure for setting aside the exparte decree. The petitioner was late by 13 days. However,the application for condonation of delay was rejected by the learned Trial Court . Hence this petition. 3] On the point of delay the petitioner has given explanation in the Trial Court that he was sick due to tumor in the liver and therefore, he could not present the application for setting aside the exparte 2 decree well within the time. The delay caused is of 13 days and the ground given by the petitioner appears sound to condone the delay. On this point I place reliance on the judgment (Dilip B.Joshi Vs.Vidya Sahakari Bank Ltd.) 2004(3)Mh.L.J.427 in which it is held that : ''Where an application for setting aside exparte order under the provisions of Order 9,Rule 13 of the Code of Civil Procedure is moved after the period of limitation, provisions of section 5 of the Limitation Act,1963 are applicable for the purpose of condoning delay.'' With this the following order is passed. O R D E R Delay of 13 days in presenting application under order 9 Rule 13 of the Code of Civil Procedure is condoned. The matter is remitted back to the Trial Court for consideration of the application under order 9 Rule 13 of the Code of Civil Procedure on its own merits in accordance with law. Petition is allowed . No order as to costs. (Mrs.Mridula Bhatkar,J.)