2) The 1st respondent herein is the plaintiff in the suit. He filed the suit for permanent injunction restraining the defendant Nos.1 to 4 from interfering with the suit schedule property. The suit was filed in the year 2003. Defendant Nos.1 and 2 filed their written statements and contesting the suit. The 3rd defendant was set exparte on 21.7.2003. The 4th defendant after receipt of summons has appeared and memo for offering Vakalat was filed by one Sri Jai Prakash Loya, Advocate, but subsequently, the Vakalat was not filed and no written statement filed by him and hence he was set exparte on 28.07.2003. Even thereafter, at no point of time, the petitioner/4th defendant made any efforts seeking to set aside the exparte order dated 28.7.2003 passed against him. Ultimately, when the suit was coming up for arguments, the petitioner had filed an application in I.A.No.47 of 2013 under order IX Rule 7 read with Section 151 C.P.C, praying the Court below to set aside the exparte order dated 28.7.2003, with a further prayer to allow him to contest the suit by filing the written statement and the same was resisted by the respondents herein i.e., the plaintiff and the defendant Nos.1 and 2. The said I.A was dismissed by the Court below by an elaborate order dated 12.03.2013.
