1. Undaunted by un-success in two Courts below, the applicants have filed this civil revison under section 115 of the Code of Civil Procedure against the order dated 26.4.97, rendered by 12th ADJ, Indore in Civil Misc. Appeal No. 23/95 thereby sustaining the order dated 5.9.95 passed by 4th Civil Judge Class II in MJC No. 9/94.

2. Factual matrix is in a narrow compass: The non-applicants had filed civil suit registered as 49-A/87 in the Court of 4th Civil Judge, Class-II Indore claiming relief of eviction on the ground of bona fide need under section 12 (1) (f) of the M.P. Accommodation Control Act, from the tenanted accommodation let at Rs. 200/-per month and for rent/mesne profit, on 2.5.87. The applicants participated in the aforesaid suit till 8.9.1994. On 8.9.94 the evidence of the plaintiff was present but on prayer of the defendants i.e. applicants, the Court adjourned the case to 14.9.94 subject to payment of cost of 100/-. On this date i.e. 14.9.94 the counsel for the non-applicants however pleaded no instruction. The Court thus proceeded ex parte against the applicants. Ex Parte evidence was recorded and the case was adjourned to 22.9.94 for arguments. On 22.9.1994 ex