Mukerji, J. - (1.) This is an application in revision by a number of defendants to a suit that had been filed under Section 92 of the Code of Civil Procedure.
(2.) On the 4th of October, 1952, the court made an order directing proceedings against defendant No. 6 to proceed ex parte. On the 15th of November, 1952 proceedings against defendant No. 7 were directed to proceed ex parte. By an order dated 17th February 1953, the Court decided to proceed ex parte against all the defendants because, in spite of several opportunities being given, no written statement had been filed by any of the defendants. The 21st of March, 1953, was fixed for final hearing of the suit. On the 18th of March, 1953, the defendants made an application praying that they be permitted to file written statements and proceedings be no more taken ex parte against them. This application of theirs was disposed of by the court below by its order dated 20th March, 1953, in the following terms:-- "Application No. 37/C by defendants 1 to 7 asking for setting aside of above order and permission to file written statement. The above order is clear and there is no justification for setting it aside or allowing a written statement to be filed at this stage. Application No. 37/C is therefore rejected. Suit to proceed ex parte as already ordered."
(3.) On behalf of the defendants it is contended in this revision that the order of the learned Judge of the court below refusing to permit the defendants to file their written statement and refusing them to appear in the suit was unjustified under the law. It was contended by Mr. B. R. Avasthi that the defendants had the right to put in their written statement and appear in the case if they chose to do so before the final hearing of the case had been completed. Reliance was placed by him on two decisions of this Court, both reported in the Allahabad Law Journal Reports for the year 1922. The two cases are Mannu v. Tulsi, 20 All LJ 39: (AIR 1922 All 33) (A) and Bhagwat Prasad Tewari v. Muhammad Shibli, 20 All LJ 270 : (AIR 1922 All 110) (B) .;