JUDGMENT

G. C. Mathur, J. - This is an appeal against the order of the Civil Judge, Azamgarh, rejecting an application made by the appellants for setting aside his judgment by which he had allowed the appeal ex parte. The appellants who were respondents in the appeal before the Civil Judge filed the application under Order 41, Rule 19 though it could lie only under Order 41, Rule 21 of the Code of Civil Procedure.

2. One Padarath and opposite parties Nos. 1 to 4 filed a suit against the appellants in the Court of the Munsif Haveli, Azamgarh, for injunction and, in the alternative, for possession, in respect of a certain plot of land. The suit was dismissed by the Munsif and the plaintiffs filed an appeal. March 24, 1971 was fixed for the hearing of the appeal but, on that date, on the application of the appellants, it was adjourned for hearing to May 6, 1971. On the adjourned date of hearing, the counsel for the appellants filed an application for adjournment of the hearing of the appeal on the ground that appellant No. 1, Badri Pande, was ill and had not been able to attend the Court. On this application, the counsel for the plaintiff wrote that one of the respondents Bechan Pande