PANCHAYAT SAMITI Vs. DEEPAK KUMAR AND ANOTHER

JUDGEMENT

(1.) Prayer in the Revision Petition is for setting aside order dated 08.02.2018 (Annexure P-5) passed by the learned Civil Judge (Jr. Div.), Dasuya dismissing the application filed by the petitioners for setting aside ex parte proceedings and for permitting the petitioners to participate in the proceedings.

(2.) I have heard learned counsel and perused the paper book. A perusal of the impugned order dated 08.02.2018 (Annexure P5) reveals that the application was dismissed on the ground that neither date of ex parte order had been specified therein nor had it been mentioned as to on which date the applicants-defendants (i.e. petitioners herein) had gained knowledge of having been proceeded ex parte and as to how they had gained knowledge of the same, besides, there was no verification of the application nor was any affidavit appended in support of the application.

(3.) Faced with the aforementioned position, learned counsel for the petitioners contended that even if sufficient cause was not established and the petitioners were consequently not permitted to appear in the proceedings with effect from the date of passing of ex parte order, at least they be allowed to participate in the proceedings with effect from the date they had put in appearance.