HARKORI AND OTHERS Vs. TEHAL SINGH

JUDGEMENT

(1.) This appeal has been filed by the three appellants Smt. Harkori, Smt. Pari and their brother Pema Ram, against an order dated 22.3.2000 by the District Judge, Hanumangarh, whereby an application under Order 9, Rule 13 and Sec. 151 of the Civil Procedure Code, moved by the appellants in the said Court, was dismissed.

(2.) The respondent-plaintiff Tehal Singh filed a Civil Suit No. 64/89 against Lekhuram Meghwal for specific performance on the basis of an agreement. The appellants are the legal heirs of the said Lekhuram.

(3.) After service of the suit on Lekhuram, he did not turn up and on 19.7.90, ex parte proceedings were ordered against Lekhuram. However, Shri Jitendra Saraswat, Advocate, appeared on behalf of Lekhuram and filed memo of appearance and on his request, the order for proceeding ex parte was set aside by the learned trial Court, the case was listed for filing of the written- statement. On 31.10.90, 4.1.91, 22.2.91 and 15.5.91, the case was listed for filing of the written-statement, but the learned counsel for the defendant Lekhuram sought adjournments. On the next date, i.e., 28.5.91, the learned counsel pleaded to instructions and, consequently the suit was ordered to proceed ex parte. The evidence of the plaintiff was recorded and ultimately on 23.4.1992, an ex parte decree was passed.