Suneet Kumar, J. - (1.) Heard learned counsel for the parties.
(2.) The defendant-applicants have approached this Court assailing the orders, passed by the courts below rejecting the application under Order 9, Rule 13 CPC.
(3.) A suit before the Judge Small Causes, Aligarh was instituted for eviction, arrears of rent and deformation of the suit property, the defendant nos. 1 to 4 put in appearance, whereas defendant No. 5 to 9 did not participate in the proceedings, on 21 August 2008, the court of first instance directed to proceed ex parte, aggrieved, the applicants moved an application under Order 9, Rule 9 C.P.C for recalling of ex parte order to proceed ex parte which was allowed with cost of Rs. 400/-, thereafter the applicant neither deposited the cost but also avoided the court proceedings, consequently, the trial court on 16 September 2010 recalled the earlier order dated 21 August 2008, thus the suit was directed to proceed ex parte again. Thereafter, dates were fixed on 30 October 2010, 25 November 2010, 23 December 2010, 19 January 2011, 24 February 2011, 9 March 2011, 20 March 2011, 11 April 2011, 27 April 2011, 5 May 2011, 19 May 2011, 15 July 2011, 17 August 2011, 9 September 2011, 20 September 2011 and 17 October 2011, however, the applicant did not appear, finally the suit was decreed ex parte on 22 October 2011.;