Mohit S. Shah, J.—This petition under Articles 226 and 227 of the Constitution is directed against the order dated 10.1.2006 passed by the learned Additional Senior Civil Judge, Ahmedabad (Rural) rejecting Misc. Civil Application No. 56 of 2005 for setting aide the ex-parte decree passed by the same Court in Summary Special Civil Suit No. 65 of 2004.

2. The respondent herein [hereinafter referred to as “the plaintiff”] filed Summary Special Civil Suit No. 65 of 2004 against the present petitioners [hereinafter referred to as “the defendants”] for recovery of Rs. 3,82,586-29 ps., which according to the plaintiff, was the amount outstanding towards construction of the house of the defendants. The total bills submitted by the plaintiff were for Rs. 8,97,586-29 ps., against which the defendants had paid Rs. 5,20,000/- and, therefore, the plaintiff filed the suit for recovering the balance amount of Rs. 3,77,586-29 ps. The plaintiff also claimed a further sum of Rs. 5,000/- as notice charges.

3. Since the suit was filed as a summary suit, the defendants were required to enter their appearance within ten days from the date of service of summons. On 23.12.2004, the defendants enter