ORDER

Jyotsna Rewal Dua, Judge (Oral). - The sole respondent though stands served for 09.07.2021, however, none has put in appearance on his behalf on 09.07.2021, 16.07.2021, 24.07.2021 and even today i.e. 30.07.2021. Hence, the respondent is ordered to be proceeded ex parte.

2. The petitioners' application under Order 9 Rule 13 read with Section 151 of the Code of Civil Procedure for setting aside the ex-parte judgment and decree dated 05.10.2009 passed in Civil Suit No. 101/2009, has been dismissed by learned Courts below. Hence, the instant petition has been preferred by them under Article 227 of the Constitution of India.

3(i). The civil suit was filed by the respondent against the petitioners for recovery of Rs.2,60,000/- alongwith interest. Petitioners contested the suit as defendants. The civil suit was initially pending in the Court of learned Civil Judge, Senior Division, Una. It was thereafter transferred to the Court of learned Civil Judge Junior Division Court Noil, Amb, District Una. H.P on account of enhancement in the pecuniary jurisdiction. On 18.09.2009, none appeared for the petitioners in the civil suit, hence, they were proceeded ex-parte. On 05.10.2009, an ex-part