petitioners on the strength of the alleged sale agreement dated 16.04.1998. Though the respondent does not have any right over the suit property, has however filed the above suit. The revision petitioners hence filed written statement and contented that there was only a loan transaction between the revision petitioners and the respondent herein. There was no agreement or whatsoever entered between the revision petitioners and the respondent. Being so, the said suit stood posted for the cross examination of plaintiff / respondent on 04.01.2007. On that day the revision petitioners have went to the Court and have waited for the cross examination of the respondent herein. However, due to the sudden ill health of one of the revision petitioner, he without instructing his Counsel in regard to the factual questions to be asked during the cross examination was constrained to leave the Court. Unfortunately, the other revision petitioner, who went in search of their Counsel was held up with his Counsel in one another Court. Therefore the revision petitioners were not in a position to appear before the Court at that particular time when the case was called. Hence, the trial Court called the revision petitioners absent and thereby set them ex-parte. The trial Court by holding reason, since the revision petitioners have failed to cross examine the plaintiff / respondent they have failed to conduct the case and hence they are set ex-parte.
