- (1.) Sumati Sagar Jain, predecessor-in-interest of the petitioners, filed a suit for declaration that the power of attorney dated 30.10.1987 and the sale deeds dated 19.10.2007 and 16.11.1987, registered on the basis of the said power of attorney, are illegal, null and void and also prayed for the consequential relief of permanent injunction to restrain the defendants from alienating the suit land in any manner. On 06.05.2009, the suit was dismissed under Order 9 Rules 2 and 8 of the Code of Civil Procedure, 1908 (hereinafter referred to as the "CPC"). The exact order passed by the Court below is as under:- "Present: None for the plaintiff(s). Counsel for defendants No.3 and 4. LR No.II of defendant No.2 ex-parte. Case called several times during the day at different intervals. But none has come present on behalf of the plaintiff(s). Even plaintiff(s) have not filed correct address for service of remaining defendant(s). Therefore, the instant suit is ordered to be dismissed u/o 9 rule 2 & 8 CPC. File be consigned to record room. Pronounced: Sd/- 6.5.2009 (Kuldip Singh) Addl. Civil Judge, Senior Division, Samana."
(2.) Thereafter, predecessor-in-interest of the petitioners, filed an application under Order 9 Rule 4 of the CPC for setting aside the aforesaid order dated 06.05.2009. However, the said application was also dismissed on 30.08.2010 in the following manner:- "Present: None. ***** Case called several times during the day at different intervals. But none has come present on behalf of both the parties. Therefore, the instant case is ordered to be dismissed in default. File be consigned to record room. Pronounced: Sd/- 30.08.2010 (Kuldip Singh) Addl. Civil Judge, Senior Division, Samana."
(3.) Thereafter, predecessor-in-interest of the petitioners filed another application under Order 9 Rule 4 of the CPC for setting aside the order dated 30.08.2010 and for restoration of the earlier application filed under Order 9 Rule 4 of the CPC but the said application was dismissed vide order dated 16.07.2014 which has been challenged by the petitioners in the present revision petition.;