( 1 ) THE petitioners, who are tenants, by this petition under Arts. 226/227 of the Constitution of India have prayed for quashing of order dated 8-2-1988 passed by the 8th Additional Judge to the Court of the District Judge, Indore, in Civil Misc. Appeal No. 16/87. Whereby the Appellate Court refused to set aside the ex parte decree dated 23-4-1987 in Civil Suit No. 9-A/87, passed by the 7th Civil Judge, Class II, Indore.

( 2 ) BRIEF facts leading to this petition are that the respondent No. 3 filed a suit for ejectment from the suit premises. The case was fixed for filing written statement on 8-4-1987, but the petitioners did not appear hence, the Court ordered to proceed ex parte against the petitioners defendants. On 9-4-87, the petitioners' counsel appeared in the Court where he came to know that the case has already been entered to proceed ex parte against the defendants. The petitioners through their counsel filed an application under O. 9, R. 7 of the Code of Civil Procedure on 9-4-87 pleading the cause for non-appearance on 8-4-87, that by clerical mistake and oversight the date of the case in the diary of the counsel was noted as 9-4-87 instead of 8-4-87.