INTEZAR AHMAD Vs. JUMMAN

JUDGEMENT

(1.) Heard Sri Rajiv Joshi, learned counsel appearing for the defendant-applicants and Sri Pushkar Mehrotra, holding brief of Sri R.K. Jain, learned counsel appearing for the plaintiff-opposite parties.

(2.) In Original Suit No.65 of 1982 between Jumman and others and Smt. Raisa Khatun and others, pending in the Court of II Additional Civil Judge, Moradabad, the applicants figure as defendants Nos. 8 and 12. On 4/11/1988, when the suit was called on for hearing, the defendant- applicants did not appear. The Court, therefore, ordered the suit to be beard ex parte under clause (a) of sub-rule (1) of R.6 of O.9 of the Code of Civil Procedure, 1908, hereinafter called the Code.

(3.) Later on, two applications, one on behalf of the defendant-applicant No.1 and the other on behalf of defendant-applicant No.2, praying for recall of the order dated 4/11/1988 directing the suit to proceed ex parte was made under R.7 of O.9 of the Code. The applications were supported by the two separate affidavits of a common pairokar, namely, Mohd. Rafiq Khan. The applications of the defendant-applicants have been rejected by the order dated 2/12/1988, impugned in the instant revision under S.115 of the Code.