LALLU Vs. SIS RAM

JUDGEMENT

(1.) The present appeal arises out of the order and judgment dated 24th April 2007 passed by the learned Single Judge dismissing the application IA No.4590/2007 under Order 9 Rule 13 of the CPC filed by the appellant/defendants.

(2.) A suit for partition was filed in which an ex parte preliminary decree was passed by the learned Single Judge on 29th September, 2006.

(3.) In the aforesaid suit, the defendants-appellant were served and entered appearance and filed their written statement. Thereafter, none appeared for the said defendants in the suit and vide order dated 9th May, 2006, the appellant- defendants were proceeded ex parte.