JUDGMENT :

D.P. Mohapatra, J. - The Plaintiffs in Money suit No. 3 of 1983 pending in the Court of Subordinate Judge, Baripada filed this petition u/s 115, CPC (for short 'the Code') seeking to assail the order dated 30th of August, 1986 rejecting their application under Order 38 Rule 5 read with Section 151 of the Code.

2. The Petitioners filed the aforementioned suit against the opposite party for realisation of Rs. 1,650/- from his towards arrear house rent till 30th September, 1982, and compensation for unauthorised occupation from 1.10.1982 at the rate of Rs. 5/- per day amounting to Rs. 570/- till filing of the suit and for other consequential reliefs. The suit was decreed ex parte against the opposite party. On his application under Order 9, Rule 13 of the Code, the Court below set aside the ex parte decree subject to payment of cost with a further direction that the Defendant would file his written statement within thirty days. Having failed to file the written statement within the time granted by the Court the written statement of the Defendant was not accepted. Against the said order of the trial Court he filed Civil Revision No. 91 of 1986 before this Court has passed the