JUDGMENT :

Sandeep Sharma, J.

Being aggrieved and dissatisfied with order dated 14.5.2019, passed by learned Civil Judge (Junior Division)-I, Dharamshala in CMA's Nos. 166/2019 and 167/2019, whereby two separate applications having been filed by the petitioner-defendant No.2 (hereinafter, 'defendant No. 2') under Order IX Rule 7 CPC and S.5 of Limitation Act, praying therein to set aside the ex-parte order dated 17.1.2008, after condoning delay in maintaining the application under Order IX Rule 7 CPC, came to be dismissed, defendant No.2 has approached this Court in the instant proceedings filed under Art. 227 of the Constitution of India, praying therein to set aside the aforesaid impugned order and to allow the applications filed under Order IX Rule 7 CPC and S.5 of Limitation Act.

2. Necessary facts as emerge from the record are that respondent Nos. 2 to 4/plaintiffs (hereinafter, 'plaintiffs') filed a suit for permanent injunction in the court of learned Civil Judge (Senior Division), Dharamshala, against petitioner-defendant No.2 and respondent No.1/defendant No.1 (hereinafter, 'defendant No.1') i.e. M/s Bharti Infratel Limited, however the fact remains that since defendant No.2