- (1.) The petitioners have challenged the order dated 09.09.2009 and 06.11.2013 by which they were proceeded against ex parte and their application for setting aside the ex parte order has been dismissed.
(2.) In brief, respondent no.1-plaintiff filed the suit for declaration with consequential relief of permanent injunction on 15.03.2008 in which the petitioners and other performa respondents caused their appearance. No one appeared on behalf of defendants no.4 to 6 on 09.09.2009 including both the present petitioners, therefore, the Court passed the following order:- "Present: Shri Virender Khatri, counsel for the plaintiff. Sh. Kali Ram, counsel for the defendant No.1 to 3. Case called several times since morning. But no one has appeared on behalf of deft. No.4 to 6. It is already 3:30 PM. Further wait is not justified. Defendant Nos.4 to 6 are proceeded ex parte. Replication has already filed in this case. Now to come up on 30.9.09 for framing of issues. Sd/- (Mohit Aggarwal) CJ, (JD), 9.9.09."
(3.) The petitioners then filed an application for setting aside the ex parte order in which it was averred that previous counsel did not inform them regarding the date of hearing, therefore, they could not attend the Court on the date fixed and when they inquired about the matter on 24.10.2013, by filing an application for inspection, they came to know about the ex parte order dated 09.09.2009.;