Rakesh Kumar Jain, J.

1. Sumati Sagar Jain, predecessor-in-interest of the petitioners, filed a suit for declaration that the power of attorney dated 30.10.1987 and the sale deeds dated 19.10.2007 and 16.11.1987, registered on the basis of the said power of attorney, are illegal, null and void and also prayed for the consequential relief of permanent injunction to restrain the defendants from alienating the suit land in any manner. On 06.05.2009, the suit was dismissed under Order 9 Rules 2 and 8 of the Code of Civil Procedure, 1908 (hereinafter referred to as the "CPC"). The exact order passed by the Court below is as under:-

"Present: None for the plaintiffs).

Counsel for defendants No. 3 and 4.

LR No. II of defendant No. 2 ex-parte.

Case called several times during the day at different intervals. But none has come present on behalf of the plaintiffs. Even plaintiffs have not filed correct address for service of remaining defendants. Therefore, the instant suit is ordered to be dismissed u/o 9 rule 2 & 8 CPC. File be consigned to record room.

Pronounced:

6.5.2009

Sd/-

(Kuldip Singh)

Addl. Civil Judge, Senior Division,

Samana."

Thereafter, predecessor-in-interest of the petitioners,