BIHARI LAL Vs. JAGAR NATH SHARMA

JUDGEMENT

(1.) This revision petition raises the following questions for determination:

(2.) I have heard the learned Counsel for the parties and have gone through the records.

(3.) The material and admitted facts of the case are that in a suit instituted by the Respondent/Plaintiff (hereafter referred to as the 'Plaintiff'), the petitioners/Defendants (hereafter referred as the 'Defendants') were ordered to be proceeded ex parte by the learned trial Judge vide order dated 21.12.1996 as they failed to appear and file written statement. Thereafter the learned trial Judge, after recording ex parte evidence of the Plaintiff, finally heard the arguments on 26.6.1998 and the suit was ordered to be listed for judgment on 4.8.1998. The Defendants moved an application on 3.8.1998 for setting aside the ex parte order dated 21.12.1996. On objection raised by the Plaintiff, the learned trial Judge dismissed the application on the ground that the hearing in the suit was complete, therefore, the application under Order IX Rule 7 read with Section 151 of the Code was not maintainable. Feeling aggrieved, the Defendants have preferred the present petition.