Code of Civil Procedure, 1908 Order 41 Rule 21 & Order 9 Rule 13 read with Article 123 of Limitation Act, 1963-Rehearing of appeal-set aside ex parte judgment-condonation of delay-Notice not duly served for pendency of appeal-
Held-application is to be filed within 30 days from the date of decree when the summons or notice was not duly served-applicant filed rehearing application on 23.09.2022 from the date of knowledge dated 03.03.2022-application cannot be said to be within limitation-Further held-notice was issued to the applicant on the address as mentioned in the memorandum of parties available with the ground of appeal-applicant case is not that the address on the notice was not his correct address-Failed to satisfy that notice was not duly served-Both applicants dismissed.(Para 8, 10 to 17)