Vandana Kasrekar, J.

The petitioners have filed this Civil Revision challenging the order dated 25.04.2013 passed by Additional District Judge, Amarpatan, District Satna in Civil Appeal No. 17/2012 thereby affirming the order dated 10.05.2012 passed by Civil Judge Class-II, Amarpatan, District Satna in MJC No. 01/2012.

2. Brief facts of the case are that, the applicants had filed a suit for permanent injunction against the respondents restraining the respondents/defendants from raising any construction over the land which was in front of his shopping complex admeasuring to 12 x 15 feet.

3. On 09.07.2009 the case was fixed for plaintiffs' evidence and on that date neither the plaintiffs nor their witnesses were present and an application was filed under Order 17, Rule 1 of the C.P.C. for adjournment.

4. The trial Court vide its order dated 09.07.2009 has rejected the said application and while rejecting the said application it was stated by the trial Court that the said order was passed by exercising the powers under Order 17, Rule 3 of the C.P.C.

5. The applicants thereafter, filed an application under Order 9, Rule 9 of the C.P.C for setting aside the order. It has been stated i