Prabhat Kumar Jha, J.

Heard both sides.

2. The petitioners have filed this civil revision petition against the order dated 03.07.2013 passed by 1st Additional District Judge, Siwan in Misc. Appeal No. 16 of 2008 by which he affirmed the order dated 25.09.2008 passed by Munsif I, Siwan in Misc. Case No. 162 of 1996.

3. The factual matrix of the case in short is that Gorakh Singh(now deceased) filed Title Suit No. 366 of 1992 against Bhabhuti Chaudhary for declaration of title and recovery of possession over the lands as contained in Schedule I of the plaint. The suit was posted for ex parte hearing due to non-appearance of the defendants. Later on, defendants appeared and filed written statement but did not pray for recalling the ex parte order. The defendants never appeared even after filing written statement and the suit was decreed ex parte on 02.09.1996. The petitioner-descendants of Bhabhuti Chaudhary and others filed petition under Order 9, Rule 13 C.P.C. for setting aside the ex parte decree but the learned Munsif dismissed the Miscellaneous Petition of the petitioner. The petitioners thereafter preferred Misc. Appeal No. 16 of 2008 but the same was also dismissed by