Shree Chandrashekhar, J. - (1.) Petitioners, defendant nos. 3, 5 and 6 in Title Suit No.20 of 2009, are aggrieved of order dated 16.03.2010 by which their application for recall of orders dated 02.07.2009 and 08.09.2009 has been rejected.
(2.) Title Suit No.20 of 2009 was instituted by Smt. Siyamani Sharma claiming herself president of Sarvamangalam Society, Assistant Secretary and a member of the said society for a decree for declaration that the order of termination dated 04.11.2007 by a decision of the general body of the society and communications all dated 06.11.2007 by which their membership in the society has been cancelled are illegal, void, invalid and inoperative. The plaintiffs have also sought a declaration that the minutes of meeting of the Committee of Management of Sarvamangalam Society held on 26.08.2007 are illegal, invalid and inoperative. When the defendants did not appear in the suit, the defendant nos. 3 and 5 were debarred from filing written statement by an order dated 02.07.2009 and the defendant no. 6 was debarred from filing written statement by order dated 08.09.2009. By these orders the suit was set for ex-parte proceeding against defendant nos.3, 5 and 6. Other defendants who were served on 24.02.2009 were also debarred from filing written statement by order dated 25.05.2009. Pleading that they had no knowledge of pendency of Title Suit No.20 of 2009 and they were not served summons in the suit, the defendant nos.3, 5 and 6 filed applications dated 12.10.2009 and 20.11.2009 seeking recall of the aforesaid orders by which the suit was set ex-parte against them. These applications have been dismissed by the impugned order dated 16.03.2010.
(3.) To assail the legality of order dated 16.03.2010 the petitioners have brought on record a copy of order dated 13.01.2010 by which the trial judge has permitted the defendant nos. 1, 2 and 4 to file written statement in Title Suit No.20 of 2009. In the said order the trial judge has recorded that defendants have valuable interest involved in the suit.;