GUDDU ALIAS ZAINUL ABDIN Vs. DISTRICT JUDGE, SHRAWASTI

JUDGEMENT

(1.) Heard Sri P.K. Mishra, learned counsel for the petitioners as well as Sri Shravan Kumar Pandey, learned counsel for the opposite parties.

(2.) The petitioners have assailed the order dated 19.1.2007, passed by the Civil Judge ( Senior Division ), Shrawasti, rejecting the petitioners' application no. 22 C moved under Order IX Rule 7 read with Section 151 C.P.C. as also the order dated 18th October, 2008, passed by the District Judge, Shrawasti in Civil Revision No. 4 of 2007 upholding the order passed by the Trial Court.

(3.) Learned counsel for the petitioners submits that the petitioners are the defendant in the suit. The Court proceeded ex parte with the suit against the defendants assuming the notice served upon the defendant on account of his denial to receive it. The petitioner moved an application on 4.12.2006 for recall of the order as well as to provide him opportunity of hearing at the stage when the suit was finally heard on 28.11.2006 and reserved for judgment on 5.12.2006.