NARAYANI DEVI Vs. BHABUTA RAM

JUDGEMENT

(1.) The writ petition has been filed under Article 226 and 227 of the Constitution of India with the following prayers:-

(2.) Brief facts of the case are that the petitioners-plaintiffs preferred a suit (Annexure-1) for possession of land and permanent injunction before learned Civil Court on 13/1/2020. During the pendency of the suit, evidence of plaintiffs commenced on 6/2/2021 and thereafter, vide order dtd. 15/7/2023 (Annexure-2) the evidence of plaintiffs-petitioners was closed. Thereafter on 21/8/2023 evidence of defendant was fixed, and on the same date vide order dtd. 21/8/2023 (Annexure-3) the suit filed by the petitioners-plaintiffs was dismissed in default.

(3.) Thereafter an application dtd. 21/10/2023 (Annexure- 4) under Order IX Rule 4 read with Sec. 151 CPC was filed by the petitioners-plaintiffs to set aside the ex parte order dtd. 21/8/2023 (Annexure-3). The learned trial court after hearing the parties dismissed the application vide order dtd. 29/1/2024. (Annexure-5).