PHOOLWANTI Vs. PISTA DEVI

JUDGEMENT

(1.) In a suit for permanent injunction filed by the respondent against the petitioners in the civil court at Kaithal, the petitioners were duly served, however, after filing the written statement, they started absenting and were proceeded against exparte vide order dated 5.9.2000. An application filed on their behalf to set aside the order of exparte proceedings was also dismissed in default. Thereafter, the petitioners another application for setting aside the exparte proceedings which, too, has been dismissed by the learned civil court by an order dated 8.2.2005.

(2.) Aggrieved, the petitioners have approached this Court. Notice of motion was issued and meanwhile, further proceedings were stayed.

(3.) Heard Learned Counsel for the parties and perused the record. It is true that the petitioners have acted in a negligent manner due to which not only they were proceeded against exparte but their application for setting aside the exparte proceedings was also dismissed in default.