( 1 ) BEING aggrieved by the order dated 24-11-1995 passed in Misc. Appeal No. 12/94 by the learned Xllth Addl. District Judge, Indore, confirming the order dated 4-3-1994 passed in M. J. C. No. 62/87 by the learned Civil Judge, Class-I, Indore, dismissing the applicants' application filed under order 9, Rule 13, CPC for setting aside the ex-parte judgment and decree delivered in Civil suit No. 5-B/l986 (though the suit is Suit no. 5b/1986 but at many places it has been referred as 5b of 1985. (Triyoginarayn v. Daulatdas) on 28-7-1986.

( 2 ) THE applicants moved an application under Order 9, Rule 13, CPC inter alia pleading that they were not served in accordance with law, therefore the ex-parte decree passed against their interest, deserved to be set aside. In the revision memo, so also in the application for setting aside to ex-parte decree, reference to earlier litigation has been made, but to my mind consideration of the earlier matters lodged by the parties is not relevant.

( 3 ) THE applicants submitted before the court as they were not served properly in accordance with law of the service of summons of C. S. No. 5-B/85 (86), the ex-parte decree deserved to be