RADHA KISHAN AND ANOTHER Vs. ABHUMANYU AND ANOTHER

JUDGEMENT

(1.) This Misc. Appeal under Order 43 Rule (d) of CPC has been filed against the order dated 29.10.2012 passed by District Judge, Sawaimadhour in Civil Misc. Application No.69/2010, whereby the application moved by the appellants-defendants under Order 9 Rule 13 of CPC was rejected.

(2.) The short facts of the case are that a suit for permanent injunction was filed against the defendants-appellants. They engaged Mr. Girraj Prasad Gautam as their counsel. On 17.4.2010, the counsel for the appellants Shri Girraj Prasad Gautam died. Another counsel Mr. Ravindra Singh Rajawat could not appear before the court below, hence the matter has been decreed ex parte on 11.5.2010 and no opportunity of hearing has been given to them. They moved an application under order 9 Rule 13 of CPC which was dismissed. Hence this appeal.

(3.) The contention of the appellants is that their advocate Mr. Girraj Prasad Gautam was died on 17.4.2010, hence, his non-appearance is justified and the ex-parte decree should be set aside.