S.B. CIVIL WRIT PETITION NO.7198/2009 Jaideep Bihani & Ors. Vs. Smt. Anamika Doda & Ors. Date of order : 24th February, 2010 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. C.S. Kotwani for the petitioners. Mr. Vipin Mankad for the respondents. ------- 1. For the reasons given in the I.A. No.1706/2010 for listing the matter for admission, the same is allowed. At the request of both the learned counsels, this matter has been heard today on merit. 2. This writ petition is directed against the order dated 28.5.2009 whereby the learned court below rejected the application of the present petitioners under Order 9 Rule 7 C.P.C. by which the petitioner sought setting aside of the ex-parte proceedings against the present petitioners who were defendants in money recovery suit. 3. After hearing learned counsels and in view of the facts and circumstances of this case, this Court inclined to grant opportunity to the present petitioner-defendants to defend their suit and the ex-parte proceedings against them deserve to be set aside subject to payment of cost of Rs.2,000/- to the respondent-plaintiffs. 4. Accordingly, this writ petition is allowed and the impugned order dated 28.5.2009 is set aside and the application filed by the petitioners under Order 9 Rule 7 C.P.C. dated 13.2.2009 stands allowed subject to payment of cost of Rs.2,000/-. The learned trial court shall proceed in accordance with law. [ DR. VINEET KOTHARI ], J. item No.s/23 babulal/