PRAHLAD SINGH Vs. NIYAZ AHMAD

JUDGEMENT

(1.) HEARD learned counsel for the parties and also perused the record.

(2.) BY means of this petition filed under Article 226 of the Constitution of India, petitioners pray for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 5-11-1997 passed by respondent No. 2 dismissing the application filed by the petitioners under Order-IX Rule 7 C. P. C. and the order dated 11-11-1999 whereby the revision filed by the petitioners against the order dated 5-11-1997 has been dismissed by the Court below.

(3.) I have considered the submission made by the learned counsel for the petitioner. Order-IX Rule-6 Civil Procedure Code reads as under: (Only relevant portion quoted): Rule-6: "procedure when only plaintiff appears - (1) where the plaintiff appears and the defendant does not appear when the suit is called on for hearing then, - (a) when summons duly served - if it is proved that the summons was duly served, the Court may make an order that the suit be heard ex parte. "