Mahesh Bhagwati, J. - (1.) By way of the instant writ petition, the petitioners have beseeched to quash and set-aside the order dated 7th March, 2006, whereby the learned Civil Judge (Bayana) allowed the application filed under Order 9 Rule 13 of CPC, set-aside the ex-parte decree passed on 17th May, 1996.
(2.) The plaintiff-petitioner preferred a suit for mandatory and permanent injunction in respect of a lane/passage against the respondents, wherein the learned trial court framed the issues and the case was fixed for recording the evidence of plaintiff. It is revealed that on 9th April, 1996, the learned trial court proceeded ex-parte against the defendants-respondents as the defendants-respondents were not present in the court. The suit came to be decreed ex-parte on 17th May, 1996. Thereafter on 9th October, 1998, the respondents-defendants submitted an application under Order 9 Rule 13 readwith Section 151 of CPC imploring to set-aside the ex-parte judgment and decree and recalling the order dated 9th April, 1996. This application was allowed by the learned trial court and the trial of the suit again commenced.
(3.) Heard the learned counsel for the parties and carefully perused the relevant material on record including the impugned order.;