GURUKUL KANGARI VISHWAVIDYALAYA HARIDWAR AND ANOTHER Vs. ARYA PRATINIDHI SABHA PUNJAB GURU DUTT BHAWAN JALANDHAR THROUGH ITS GENERAL SECRETARY AND OTHERS

JUDGEMENT

(1.) BY means of this writ petition, the petitioners have sought a writ in the nature of certiorari quashing the impugned order dated 18 -5 -2005 passed by the Civil Judge (Junior Division) Haridwar, whereby the application moved by the petitioners to recall the order dated 17 -12 -2004 has been dismissed for default of the applicant -petitioners.

(2.) FROM a perusal of the record, it reveals that the petitioners filed Original Suit bearing No. 342 of 1992 against the respondents for cancellation of sale deed of the defendants. The suit was decreed ex parte by judgment and decree dated 26 -9 -1996 passed by the trial Court.

(3.) THE plaintiff -petitioners moved an application under Order 9, Rule 9 C.P.C. for setting aside the ex parte order on 5 -10 -2001. The application was registered as Misc. Case No. 56 of 2001. The said case was dismissed in default by order dated 17 -12 -2004.