Code of Civil Procedure, 1908–Order 9, Rule 7 r/w. Sec. 151–Application for setting aside the ex-parte proceedings–Dismissed–Appreciation of–Suit for permanent and mandatory injunction–Petitioners did not appear despite the notice–Contention that proceedings were attended by K and they were unaware, cannot be countenanced as K was not the party of proceedings–It is also notable that the Court Commissioner inspected the site in the presence of both parties–Delay of four years without assigning any reason–Further, the affidavit of counsel was also not accompanied with the application–Held, trial Court did not commit any error in dismissing the application.
