O R D E R

The petitioners are plaintiffs 2 and 3 in O.S.No.204 of 2007 on the file of the Court of the Munsiff of Varkala. The respondents are the defendants therein. The suit instituted by the petitioners and the first plaintiff for a permanent prohibitory injunction restraining the defendants from trespassing into the plaint schedule property or from committing acts of waste therein or from cutting and removing trees therefrom or from putting up a compound wall trespassing into the plaint schedule property or from interfering with the plaintiffs' possession and enjoyment thereof was dismissed for default on 15.6.2010, the date on which it stood posted for trial. Within the period of limitation prescribed for the purpose, to be exact on 2.7.2010, the plaintiffs filed I.A.No.1288 of 2010 under Order IX Rule 9 of the Code of Civil Procedure to set aside the order dismissing the suit for default. In the affidavit filed in support of the application, the second plaintiff had averred that plaintiffs 1 and 3 had authorised him to tender evidence, that he was laid up and therefore he could not be present in court to tender evidence on behalf of the plaintiffs. The respondents opposed the