J.M. Malik, J.—The learned DRT passed an ex-parte order dated 28.8.2002. The recall application moved by the appellants dated 14.5.2003 was dismissed vide impugned order dated 16.5.2006. Aggrieved by that order the appellants have preferred the instant appeal.

2. The following facts emanate from the record. The case in question got transferred from the learned DRT, Jabalpur and came up for hearing before the learned DRT, Allahabad on 20.12.2000. It was adjourned to 18.10.2001. On the same day Shri A.P. Singh, Advocate appeared on behalf of all the defendants-appellants. The case was fixed for filing reply along with evidence on 28.12.2001. From 28.12.2001 it was adjourned to 25.1.2002. On 25.1.2002 Shri A.P. Singh, Advocate filed his vakalatnama for all the defendants. The case was adjourned to 19.2.2002, 19.3.2002 and 21.5.2002. On 21.5.2002 none appeared for the appellants and as such they were proceeded against ex-parte. The case was fixed for ex-parte arguments on 26.8.2002. On 26.8.2002 ex-parte arguments were heard and the ex-parte judgment was announced on 28.8.2002.

3. I have heard the counsel for the parties. Learned counsel for the appellant made four submissions.