- (1.) This appeal under Order XLIII, Rule 1(d) CPC has been filed by the defendants aggrieved by order dated 18.05.2013 passed by the learned trial court, whereby, their application under Order IX, Rule 13 CPC has been dismissed.
(2.) The brief facts of the case are that respondent No.1 plaintiff filed a suit for recovery of a sum of Rs.60,34,200/-. When the summons sent through ordinary process were not served on the defendants, procedure under Order V, Rule 20 CPC was adopted and the notices were published in newspaper having circulation in Jodhpur. Despite such publication, when the defendants did not appear, the learned trial court after recording ex parte evidence, decreed the suit for a sum of Rs.60,34,200/- alongwith interest @ 6% per annum.
(3.) When this appeal was taken up for admission on 10.07.2013, after hearing the parties, it was suggested to both the parties to see if a amicable order can be passed so as to provide opportunity to the appellants to defend the suit, so also, see that the plaintiff also receives a part of the decreetal amount.;