1. Respondents-plaintiffs suit for petitioners-defendants eviction from Shop No.1 situated at Indira Hotel, Vinayak Mishra Dharamshalla, Chand Nagar, Jammu, and recovery of Rs.1125/- as arrears of rent @ Rs.125/- per month, filed in May, 2000, was decreed in ex-parte, on May 28, 2005, by the 2nd Additional Munsiff, Jammu, on the strength of the evidence produced by the respondents, holding that the respondents requirement for use and occupation of the suit shop was comparatively more than that of the petitioners.

2. The petitioners had been set ex-parte in the case on October 26, 2002, when after appearing in the transferee Court of 2nd Additional Munsiff, Jammu on 19.04.2001 through their counsel Sh. Achal Sethi, they absented from the proceedings.

3. Before the transfer of the suit, the petitioners had filed their written statement to the respondents suit, in the Court of Munsiff, Sub-Registrar, Jammu, on November 07, 2001 where they had entered appearance therein for the first time on July 15, 2000.

4. Seeking setting aside of the ex-parte decree, the petitioners approached the trial Court by their application, on January 08, 2004 saying that, acting on the advice of their counsel

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