1. - Instant appeal has been filed by the defendant-appellants under Order 43, Rule 1 (d) CPC read with Section 104 CPC assailing order dated 12.8.2009 passed by Additional District & Sessions Judge No.1, Ajmer, in Civil Misc. Case No.13/2003, whereby the trial court has dismissed the application filed by the defendant-appellants under Order 9, Rule 13 read with Section 151 CPC, refusing to set aside the ex parte judgment and order dated 6.2.2003 passed in Civil Suit No.46/1998.

2. Brief facts of the case are that the plaintiff-respondent Union of India, filed a suit for declaration on 22.5.1998 before the trial court against one Babulal Gupta, who is husband/father of the defendant-appellants. During pendency of the said suit, Babulal expired and the defendant-appellants, being his legal heirs, were brought on record by the trial court and later-on, vide order dated 5.4.2002 the matter was ordered to be proceeded ex parte against the defendant-appellants. Thereupon the defendant-appellants filed an application on 1.10.2002 for setting aside the ex parte proceedings, but the trial court vide order dated 23.1.2003 dismissed the application under Order 9, Rule 7 CPC , and