SHEELU SINGH Vs. NARPAT SINGH LAKHAWAT

JUDGEMENT

(1.) This writ petition has been filed by the petitioners aggrieved against the order dated 03.12.2015 and 13.01.2016 passed by the trial court, whereby the application filed by the respondent-plaintiff under Order 9, Rule 4 and 9 Code of Civil Procedure has been allowed and the time for depositing the costs as imposed by order dated 03.12.2015 has been extended respectively.

(2.) The respondent-plaintiff filed a suit for specific performance and permanent injunction against the petitioners. The petitioners filed written statement and resisted the same. On 24.11.2011, the counsel for the plaintiff pleaded no instructions and, consequently as neither the plaintiff nor anyone was present on his behalf, the suit was dismissed in default.

(3.) The plaintiff filed an application under Order 9, Rule 4 and 9 Code of Civil Procedure seeking restoration of the suit.