- (1.) Heard learned standing counsel for the petitioners and perused the record. By means of this writ petition, the petitioners have prayed for a writ of certiorari calling for the record and quashing of the order dated 4.9.1999 passed by Additional Judge, Small Causes Court, Allahabad (Annexure-5 to the writ petition) as well as the order dated 19.2.2002, passed by Additional District Judge, Court No. 11, Allahabad (Annexure-7 to the writ petition) and order dated 30.8.2003 (Annexure-9 to the writ petition) passed by the executing court.
(2.) Annexure-5 order dated 4.9.1999 is one of the orders, by which the application filed by the petitioners for recalling of the ex parte decree under Order IX, Rule 13 of the C.P.C. supported by an affidavit by the plaintiff was rejected. Aggrieved by the said order, Misc. Appeal No. 180 of 1999 was preferred by the plaintiff, which too was dismissed, confirming the findings that petitioners had knowledge about the pendency of the suit.
(3.) According to the petitioner, the case is to be decided on its own merits under the proviso of Order IX, Rue 13 of the C.P.C. and sufficiency of cause, should be liberally interpreted by the Court. It is stated that subsequently in the Execution Case No. 17 of 1998, the executing court had attached the amount under decree from the accounts of the petitioner No. 2 vide order dated 19.11.2002 and subsequently vide order dated 30.8.2003, the petitioner No. 2 was directed to pay the whole of the amount under decree to the plaintiff. It is these orders which are impugned in the writ petition.;