MUDRIKA PRASAD SHUKLA Vs. KUNJ BIHARI

JUDGEMENT

(1.) Heard.

(2.) By this petition, the petitioners take exception to the order dated 16.08.2018 (Annexure P/5) passed in C.S. No. 15-A/18 by IInd Civil Judge Class-II, Distt. Sidhi, whereby the application filed by the petitioners under Order 9 Rule 7 of CPC for setting aside ex parte proceeding has been rejected.

(3.) It is reflected from the impugned order that the petitioners were proceeded ex parte on 15.05.2018 and the application under Order 9 Rule 7 of CPC was filed on 17.05.2018 immediately after two days. However, the Court has dismissed the application only on the ground that the application under Order 9 Rule 7 of CPC does not bear the signature of either the party or the counsel, whereas the reply to the application was filed along with an affidavit.