( 1 ) THE petitioners are defendants in a suit pending before Shri M. S. Rohilla, Subordinate Judge 1st Class, Delhi. The present Rivision Petition is directed against an order passed on 12th February, 1977, whereby an application under Order 9, Rule 7and S. 151, Civil Procedure Code. was dismissed on the ground that there/was no cause to set aside the ex-pane order passed in the suit.

( 2 ) THE facts of the case as revealed from the record are such that respondents have instituted a suit claiming a mandatory in junction to restore a bath and latrine which have been demolished by Delhi Municipal Corporation. The suit came before the court on 24. 8. 76, when the petitioners who are defendants Nos. 1 and 2 were present, but the Delhi Municipal Corporation which was defendant No. 3. was not present. The suit was adjourned to 20. 9. 76 for filing the written statement which was filed and defendant No. 3. was ex-parte. The case, was adjourned for filing replication and documents to 1. 11. 76. On 1. 11. 76, the Presiding Officer was on leave, so the Reader passed an order "p. O. is on leave to-day. To come up on 10. 11. 76 P. O. " On 10. 11. 76 the counsel for the plaintiff wa