JUDGMENT :

CHANDER BHUSAN BAROWALIA, J.

1. The present petition is maintained by the petitioners/plaintiffs (hereinafter referred to as =the petitioners') against the order of learned Civil Judge (Sr. Division) Court No. 1, Mandi, H.P., passed in CMA No. 164-VI/15 in Civil Suit No. 10933/2013 (60-I/12), dated 19.12.2015, whereby the learned Court dismissed the application of the petitioners under Section 151 CPC for striking off the defence of newly added defendants No. 3, 4, 5, 6 and 7 for nonpayment of costs vide order dated 09.10.2014, whereunder the application under Order 1, Rule 10 (2) CPC was allowed subject to payment of costs of Rs.10,800/- (rupees ten thousand eight hundred).

2. Briefly stating the facts giving rise to the present petition are that the petitioner instituted a suit against the respondents/defendants (hereinafter referred to as =the respondents') seeking permanent prohibitory and mandatory injunction under Sections 38 and 39 of the Specific Relief Act, wherein it was averred that defendants may be restrained permanently from raising construction of water tank nearby/over the source of water canal (=kuhul') on the land comprised in Khasra No. 528, situated in M