A.N. Varma, N.N. Mithal, J. - (1.) We are disposing of this appeal at the admission stage after hearing the learned counsel for both the parties.
(2.) The appeal is directed against the order dated 12-4-1988 passed by the learned Civil Judge, Meerut rejecting the application filed by the appellants for setting aside the ex parte decree dated 28-10-1987.
(3.) The relevant facts are that the suit was fixed for final hearing on 22-9-1987. On that date, the case could not be taken up on account of the State-wide strike by the Government employees. The strike was called off on 8-10-1987 on which date, the court took up the case and fixed 21st October, 1987, on 21-10-1987, it appears that while the plaintiff's counsel was present neither the defendants nor their counsel appeared whereupon the court fixed 26-10-1987 for ex parte hearing of the suit. On 26-10-1987, the plaintiff filed his affidavit and after hearing the submission of the learned counsel for the plaintiffs, the court fixed 28-10-1987 for delivery of orders. On 28-10-1987, the suit was decreed ex parte directing the defendants to pay Rs. 5000/- as well as certain share certificates to the plaintiff/respondent subsequently, the defendants/appellants filed an application supported by an affidavit stating that they had no information of the order passed on 8-10-1987 nor of the fact that the suit would be taken up on 21-10-1987 or 26-10-1987. Consequently, they could not appear nor instruct their counsel in the suit. The court below has rejected the appellants' application on the ground that the defendants' counsel at any rate had notice of the order passed on 8-10-1987 fixing 21-10-1987. That being so, the defendants would be deemed to have had knowledge of the date fixed in the suit and consequently the mere fact that the defendants were not personally informed of the various dates would be of no avail.;