Hon'ble TRIVEDI, J.—The present appeal filed under Order XLIII Rule 1(r) of the Code of Civil Procedure, 1908 is directed against the order dated 05/10/2009 passed by the Additional District Judge (Fast Track) No.2, Jaipur District, Jaipur (hereinafter referred to as 'the Trial Court') in Civil Case No.151/2008, whereby the Trial Court has dismissed the application of the appellants/defendants filed under Order IX Rule 13 of CPC, for setting aside the exparte judgment and decree dated 07/03/2008 passed in Civil Suit No.64 of 2003 (24 of 2001).

2. At the outset, it is required to be stated that the exparte decree dated 07/03/2008 passed by the Trial Court was sought to be set aside by the appellants-defendants by filing application under Order IX Rule 13 of CPC in June, 2009, and the said application came to be dismissed vide the impugned order dated 05/10/2009. Pending the present appeal, the Court had initially directed the parties to maintain status quo as per the order dated 30/10/2009, however, thereafter had directed the appellants to deposit the amount in terms of the decree, as per the order dated 29/01/2010. The learned counsel for the appellants therefore had sought