- (1.) Present petition is challenge to the order dated 4.9.2014, passed by learned Additional District Judge, Karnal, whereby application under Order 41, Rule 21 CPC for rehearing the appeal and setting aside order dated 3.11.2011, was dismissed.
(2.) Relevant facts of the case that civil suit under Section 26 read with Order 37, Rule 2 CPC read with Section 151 CPC for recovery of principal and interest amount on the basis of bond dated 14.4.2005 was filed by present respondent and in that suit, defendant/petitioners put in appearance before the trial Court on 5.5.2008 and filed address for service of notice upon them. Summons for judgment were served upon them but they failed to appear before the Court and to obtain leave to defend and thus, were proceeded against ex parte on 16.7.2008. Civil suit was dismissed by learned Civil Judge (Junior Division), Karnal vide judgment dated 29.8.2011. Appeal was preferred against the said judgment and on presentation of appeal, learned Additional District Judge, Karnal, passed the following order:- "Appeal received by assignment. It be checked and registered. There are some arguable points in this appeal. It be admitted. Since the respondents were ex-parte before the learned trial Court, so there is no need to issue process against them and their service is dispensed with. Trial Court records be summoned for 22.11.2011."
(3.) Learned Additional District Judge accepted the appeal and resultantly, suit of the plaintiffs for recovery of Rs. 1,00,145/- was decreed along with interest. Present petitioners moved an application under Order 41, Rule 21 CPC against orders dated 3.10.2011 and 20.9.2013, passed by learned Additional District Judge, Karnal and made prayer for rehearing of the appeal. Learned Additional District Judge dismissed the application vide order dated 4.9.2014 and present petition is challenge to the said order.;