M.Y. Eqbal, J.

1. This appeal by the defendant No. 1 to 3 is directed against the judgment and order dated 25.4.1996 passed by Sub Judge II Lohardaga in Miscellaneous Case No. 8/95 whereby he has rejected the petition filed by the appellant under Order IX, Rule 13. CPC and refused to set aside the ex parte decree passed in title suit No. 15/92.

2. The plaintiffs-respondents No. 1 and 2 filed the aforementioned suit against the appellants and defendant- respondent No. 3 for a decree of specific performance of contract. The said suit was decreed on context against respondent No. 3 and ex parte against the appellants.

3. The appellants thereafter filed an application under Order IX, Rule 13, CPC for setting aside the decree which was registered as Miscellaneous Case No. 8/95. The case of the petitioners-appellants was that no summon or notice of the suit was ever served on them and they have no notice or knowledge about the ex parte decree. It was contended on behalf of the said defendant-petitioners that appellant Nos. 1 and 2 are the residents of Raipur, Madhya Pradesh and no summons were served on them.

4. The learned Sub Judge Lohardaga dismissed the said miscellaneous case an