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The trial court pointed out that though number of amendments were made in the application filed under Order IX Rule 13 CPC, only in the last amendment, the defendants have stated that suit summons was served on the son of applicant No.2 viz. Tanaji.

The trial court observed that said Tanaji was an adult and the suit summons served on him was deemed to be an effective service of summons on the defendants.

4. Being aggrieved by the dismissal of application filed under Order IX Rule 13 CPC, on 03.09.2010, the appellant and respondents No.14 and 15 filed Civil Appeal No.108 of 2010 and the same was withdrawn on 11.06.2013. On the very next day i.e. on 12.06.2013, the appellant and respondents No.14 and 15 filed regular appeal challenging the ex-parte decree passed in Regular Civil Suit No.35 of 2007. Along with the said appeal, they also filed Civil Misc. Application No.56 of 2013 for condonation of delay of four years, ten months and eight days. The said application for condonation of delay was allowed by the Additional District Judge, Baramati vide order dated 20.02.2014. The court noted that the appellant and respondents No.14 and 15 did not get an opportunity to contest the suit on merits. The learned District Judge observed that the appellant and respondents No.14 and 15 have spent their time in wrong proceedings viz. application filed under Order IX Rule 13 CPC and the appeal thereon and therefore, it will be just and proper to condone the delay in preferring the appeal challenging the ex- parte decree passed in the partition suit. The District Court accordingly set aside the order of the trial court and allowed the application for condonation of delay in filing the appeal against the ex-parte decree.