Arun Bhansali, J. - (1.) This writ petition has been filed by the petitioners aggrieved against the order dated 2/7/2015 passed by the Additional District Judge No. 1, Jodhpur Metropolitan, whereby, the application filed by the petitioners under Section 151 CPC has been rejected.
(2.) The respondents filed a suit for specific performance of contract and permanent injunction. The petitioners put in appearance and counsel appearing for the petitioners sought several adjournments; ultimately the opportunity to file written statement was closed. Thereafter, on two occasions time was sought for cross examination of plaintiffs' witnesses, who were present and, when on third occasion on 2/7/2014, the counsel did not appear, the opportunity to cross examine two witnesses, who were present on the said date, was closed and the matter was fixed for cross examination of other witnesses. However, on the margin of the order sheet, 'No Instruction' along with signature of the counsel for the petitioners was indicated and the trial court on noticing the said aspect on 18/9/2014 that the counsel had pleaded 'no instruction' on 2/7/2014, directed issuance of the notices to the petitioners.
(3.) The petitioners appeared pursuant to the notices and also filed the writ petition before this Court inter alia seeking setting aside of the order passed by the trial court closing their written statement and closing the cross examination inter alia on the ground that their counsel did not inform them about the development in the suit, which resulted in the said state of affairs. The writ petition was not entertained by this Court and petitioners were left free to approach the trial court by filing application.;