BHAGAWATI PRASAD BANERJEE, J.

( 1 ) THE present revision petition has been filed by the petitioners impugning the order of the learned Additional Civil Judge (Junior Division) No. 5, Jodhpur dated 5-5-1998. By the order impugned, the learned Additional Civil Judge had disposed of an application filed by the non-petitioners under Order 9, Rule 13 read with Section 151, C. P. C. By the impugned order the learned Additional Civil Judge has accepted the application under Order 9, Rule 13, C. P. C. and set aside the decree passed by the Court on 31-10-1996.

( 2 ) THE facts which stand out prominently in this case are that the non-petitioners had been trying to avoid the decision of the suit by asking for adjournments time and again and the Court has been refusing it, so much so that the ex parte proceedings were drawn against the non-petitioners due to their absence. The ex parte proceedings taken against the non-petitioners were sought to be set aside by the non-petitioners but the Court refused to set aside the decree. However, the non-petitioners were permitted to participate in the proceedings in terms of the Code of Civil Procedure. During the course of transactions on 4-1