JUDGMENT - R.M.S. KHANDEPARKAR, J.:---By the present revision application, the petitioners are challenging the order dated 18th March, 1997 passed by the Civil Judge, Senior Division, Quepem in Civil Miscellaneous Application No. 127/95 in Special Civil Suit No. 57/89 whereby the trial Court has allowed the application filed by the respondents herein under Order IX, Rule 13 and thereby has set aside the ex parte decree passed against them in said Special Civil Suit No. 57/89.

2.The facts in brief relevant for the decision are that the petitioners herein filed Special Civil Suit No. 57/89 on 1st December, 1989 against the respondents and three other persons for mandatory injunction. Since the service of the bailiff could not be effected on the respondents herein, the petitioners applied for substituted service by publication of summons in the newspaper and the same was allowed by the trial Court by Order dated 27th July, 1992. The summons was published in the daily, 'Gomantak Times', according to which, the respondents were required to appear before the trial Court on 24th February, 1993. Since the respondents failed to appear on the said date, the order to proceed ex parte was pas

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