Dinesh Mehta, J. - (1.) - By way of the present Writ Petition, the petitioners have challenged the order dated 13.10.2016 whereby their (defendants') application dated 03.12.2015 under Order 9, Rule 7 of the Code of Civil Procedure, 1908 for setting aside ex parte proceedings has been rejected by the Trial Court.
(2.) The skeleton facts, necessary for the adjudication of present case are that the plaintiff-respondent had filed a suit for Mandatory & Permanent Injunction, which was subsequently amended to become a suit for declaration, possession, mandatory & permanent injunction.
(3.) The petitioner filed an objection under Order 7, Rule 11 of the Code of Civil Procedure, based upon question of Territorial Jurisdiction, which application came to be allowed by the Civil Judge (Senior Division), Rajsamand, who vide his order dated 19.05.2015, in exercise of powers under Order 7, Rule 10A of CPC, returned the plaint to the plaintiff-respondent to be filed before the court of Civil Judge (Junior Division), Railmagra while fixing the date of appearance before him i.e. 28.05.2015.;