JUDGMENT

Kalyan Rai Surana, J. - Heard Mr. K.K. Nandi, learned counsel for the petitioners and Ms. A. Chakraborty, learned counsel for the respondent.

2. The legality of the order dated 17.09.2019, passed by the learned Civil Judge, Bongaigaon in T.S. No. 76/2018, thereby rejecting petition no. 1517/19 under Order IX Rule 7 read with Section 151 CPC, and refusing to set aside order dated 29.04.2019 to proceed ex parte against the petitioners is in challenge in this application filed under Article 227 of the Constitution of India.

3. Referring to the documents annexed to this application, the learned counsel for the petitioners has submitted that the manner in which order was passed to proceed ex parte against the petitioners is not sustainable.

4. Per contra, the learned counsel for the respondent has referred to the statements made in the petition no. 1517/19 filed by the petitioners under Order IX Rule 7 read with Section 151 CPC, it is submitted that the petitioner no.2 had clearly admitted that the address given in the summons was their address, as such, no infirmity or jurisdictional error was committed by the learned trial Court by rejecting the said petition.

5. At the outset, it