JUDGMENT :

This revision has been filed against the order dated 26.07.2021 passed by Civil Judge (Senior Division), Nainital, whereby the application moved by the revisionist under Order 9 Rule 7 read with Section 151 of Civil Procedure Code, has been dismissed.

2. In brief, facts of the case are that the respondent/plaintiff instituted a suit being Civil Suit No.24 of 2014 for recovery of money against the revisionists/defendant in the court of Civil Judge (S.D.), Nainital. The revisionists/defendants put in appearance in the trial court through his counsel and moved application under Order 7 Rule 11 of CPC. On 27.10.2017, despite repeated calls as none appeared for the revisionists/defendant, the trial court, vide order dated 27.10.2017 passed the order for proceeding ex parte against the revisionists/defendants. Being aggrieved, the revisionists/defendants moved an application under Order 9 Rule 7 of r/w 151 C.P.C. for setting the ex parte decree and to give them opportunity of being heard. Learned Civil Judge (S.D.), Nainital did not find favour to the revisionists/defendants and dismissed the application vide order dated 26.07.2021. Hence, this revision.

3. Learned counsel for th