SBCMA No.521/2008 Snehlata Vs. Shree Charbhuja Finvest Pvt. Ltd. 1 SBCMA No.521/2008 Snehlata Vs. Shree Charbhuja Finvest Pvt. Ltd. DATE OF ORDER : - 24.9.2008 HON'BLE MR. PRAKASH TATIA, J. Mr. Manish Pitaliya, for the appellant. <><><> Heard learned counsel for the appellant. The decree was passed by the trial court in civil original suit no.44/2006 on 25th May, 2006 after service of summons upon the defendant-appellant. The appellant submitted application for setting aside of the ex-parte decree dated 25th May, 2006 by filing application under Order 9 Rule 7 and 13 CPC on 27th Nov., 2007 i.e., after more than one year. The appellant submitted an application under Section 5 of the Limitation Act. The trial court after considering the detail facts as given in the applications by the appellant held that the appellant failed to show sufficient cause for his non- appearance as well as failed to show sufficient cause for not moving the application for setting aside the ex-parte decree SBCMA No.521/2008 Snehlata Vs. Shree Charbhuja Finvest Pvt. Ltd. 2 in time and, therefore, rejected the appellant's application filed under Order 9 Rule 7 and 13 CPC. After going through the reasons, I do not find any illegality in the impugned order dated 3.1.2008 passed by the court below. There is no merit in this appeal and the same is hereby dismissed. (PRAKASH TATIA), J. c.p.goyal/-