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Heard Mr. S.S.Dwivedi, learned Senior Counsel appearing for the petitioners.

The present revision application has been filed against the order by which the learned court below has set aside the exparte decree for eviction against the defendant-opposite parties under Order 9 Rule 13 CPC.

It has been contended by the learned Senior Counsel that the defendants initially appeared in the suit, filed written statement but thereafter left participating in the proceeding of the suit. It has been further submitted that the defence of the defendants has subsequently been struck off for non compliance of the order under Section 15 of the BBC Act against them. The learned Counsel has emphatically propounded that the proceeding before the court was barred by limitation in view of the provisions of Article 123 of the Limitation Act, which provides 30 days for filing a petition for setting aside exparte decree from the date of the decree. It has been further submitted that in view of the admitted service of summons the another part of Article 123 of the Limitation Act relating to the period of limitation starting from the date of knowledge in a case of non service of summons could not be applicable.