JUDGMENT :

(Rekha Borana, J.) :

1. The present miscellaneous appeal has been preferred against the order dated 27.08.2016 passed by Additional District Judge, Churu in Civil Original Case No.11/2013 (61/2012) whereby application under Order 9 Rule 13 read with Section 151, CPC as preferred by the defendants-respondents has been allowed and as a consequence, the ex-parte decree dated 17.11.2012 passed by District Judge, Churu in Civil Original Suit No.47/2012 in favour of plaintiffs-appellants has been set-aside.

2. Brief facts of the case are that a suit for cancellation of sale deed dated 19.05.2006 and perpetual injunction was preferred by the plaintiffs with the submission that the defendants-respondents had fraudulently got the sale-deed registered in their favour by the appellants. It was pleaded that the actual fact is that the plaintiffs had borrowed an amount of Rs.15,000/-from the defendants and put their thumb impression on the document pertaining to the loan agreement. The defendants, on the premise of getting the mutation entries entered in the name of plaintiffs, took them to the office of Tehsildar and in conspiracy with the revenue officers, got the sale-deed register