Ram Surat Ram (Maurya), J. –

Heard Sri Suresh Kumar Gupta for the petitioners and Sri R.K. Pandey for the respondents.

2. This petition has been filed for setting aside the order of Additional Civil Judge (JD), Kanpur Nagar dated 28.8.2015, passed in Misc. Case No. 4/74/14, by which he has dismissed the application under Order 9, Rule 13 CPC, filed by the petitioners and the order of Additional District Judge dated 19.1.2016, dismissing the revision of the petitioners against the aforesaid order.

3. Babu Ram Yadav and others (respondents-1 and 2) filed a suit (registered as O.S. NO. 813/2012) for cancellation of sale deed dated 2.4.1964. It is alleged that the defendants avoided service, therefore, the court got the summons published in the newspaper and in spite of publication, the defendants did not appear, as such, the court proceeded ex parte by order dated 9.4.2013 and after recording ex parte evidence and hearing the plaintiffs, the suit was decreed by ex parte judgment dated 30.11.2013.

4. Smt. Vinod Rani Lamba and Prashant Lamba (the petitioners) filed an application under Order 9, Rule 13 CPC, along with an affidavit for setting aside the ex parte decree dated 30.11.20