Code of Civil Procedure, 1908–Sec. 96–Leave to appeal–Dismissed–Appellants are the mother, brother and sisters of S who remained ex-parte in the suit–He preferred the application under Order 9, Rule 13 which was dismissed–Further, in the execution proceedings initiated by the plaintiff, the Commissioner had made the inspection on 10.08.2015 and the applicants were in the possession of the property, they would have definitely been aware of the said fact and could have taken appropriate step to plead their case–Applicants preferred the objections under Order 21, Rule 97 in the execution proceedings and these were rejected–Further, mere assertion of the applicants that they are affected and would be prejudiced by the impugned judgment and decree, cannot be a ground to grant the leave to appeal–Interference declined.
