Darshan Singh, J.

The present revision petition has been preferred against the order dated 15.01.2016, passed by the learned Civil Judge (Senior Division), Nuh (Mewat), vide which the application moved by the petitioners/defendants under Order 9, Rule 7 of the Code of Civil Procedure, 1908 (for short the 'CPC') for setting aside the ex parte proceedings dated 08.01.2016, has been dismissed.

2. Notice of this revision petition was issued to the respondents. Respondent No.1 Mr. Y.P. Jauhari has appeared in person. The other respondents are only the proforma respondents, so the notice to them was dispensed with.

3. Learned counsel for the petitioners contended that the petitioners were proceeded against ex parte on 08.01.2016 as their counsel pleaded no instructions. The application was moved for setting aside the ex parte proceedings only on the next date. Thus, he contended that the application has been wrongly dismissed.

4. On the other hand, respondent No.1 contended that the present revision petition has become infructuous as the petitioners have already been allowed to join the proceedings. They have even adduced their evidence. He further contended that Mr. Amit Goel was