This Civil Revision has been filed by heirs of defendant No. 1 & 2 against the order dated 23.06.2009 passed by Additional District Judge, Fast Track Court No. IX, Giridih in Miscellaneous Appeal No. 13 of 2006 whereby and whereunder he dismissed the appeal and affirmed the order of Munsif in Miscellaneous Case No. 8 of 2001 dated 4.7.2006.

2. The fact of the case sans unnecessary particulars is that the Plaintiff/respondent/O.P. No. 1 filed Title suit No. 51 of 1989 for declaration of his title against the original defendants 1 to 6 and recovery of possession of the land pertaining to Khata No. 10, Plot No. 2247 area 0.34 dismals and land of Khata No. 17, Plot No. 2248 area 30 dismals and Plot No. 2240 area 19 dismals of village Jamtara, P.S.-Dumri, District-Giridih. It appears that in the said suit after receiving notice , defendant no. 1 and 2 appeared on 19.2.1990 and seek adjournment for filing written statement. It then appears that in spite of adjournment, defendant nos. 1 and 2 did not file written statement, accordingly the learned court below proceeded ex parte against them under Order VIII Rule 10 and an ex parte decree passed against them on 21.4.1998. It then