- (1.) The instant writ petition has been filed by the petitioners- defendant challenging the order dated 7th October, 2009 passed by the Additional District Judge No.9, Jaipur City, Jaipur, whereby the application filed by the petitioners for taking documents on record along with the application under Order 9 Rule 13 CPC, has been dismissed.
(2.) Learned counsel for the petitioners submitted that an ex- parte decree and judgment dated 3 rd November, 2007 was passed against the petitioners and immediately after coming to know about ex-parte decree, the petitioners filed an application under Order 9 Rule 13 CPC praying for setting aside the ex-parte decree.
(3.) Learned counsel submitted that in fact the respondent- plaintiff had not mentioned the correct address in the plaint itself and as such, the envelope, on which the service was treated to be sufficient and complete, was wrongly relied considering the effective service on the petitioners.;