This petition is directed against the Order dated 21-5-2010 passed by the First Additional Judge to the Court of District Judge, Dhar in Misc.Civil Appeal No.08 of 2010.By the Order impugned Court below has set aside the ex parte judgment and decree and directed the trial Court to decide the Civil Suit No.3A/2002 on merit.

2.Facts giving rise to the petition, in a nut-shell are as under. Petitioners are the plaintiffs. They filed a suit for permanent injunction against respondents. Suit was decreed ex parte on 31-1-2003.On 2-5-2003, respondents applied under Order IX, Rule 13 of the Civil Procedure Code for recall of the ex parte judgment and decree.It was registered as MJC No.2/03.Said MJC was dismissed by the trial Court on 5-7-2004 in default of appearance. Respondents, therefore, applied for restoration of said MJC.This application was registered as MJC No.22/2005.Trial Court vide Order dated 13-11-2009 dismissed the MJC No.22/2005.The Order was challenged in Misc.Appeal No.8 of 2010 which was allowed by the Order impugned as stated above. Hence this petition.

3.We have heard rival submissions of counsel at length. Perused the material placed on record. It is true that