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Judgment
Vinod K. Sharma, J. (Oral)
Present revision petition has been filed against the order dated 16.12.2005 vide which the objections filed by the petitioners were dismissed for nonprosecution as they failed to appear in the Court.
Said order was passed on 16.12.2005. Thereafter, no steps were taken by the petitioners to get the said order set aside. It was only on 13.4.2006 that an application was moved for setting aside ex parte order. Though in the application it was categorically pleaded that the petitioners came to know about the said order on 13.4.2006 still no application for condonation of delay was moved. However, an attempt was made to allege that the application was within time from the date of knowledge.
Learned trial Court came to the conclusion that the application was time barred as the same has not been moved within a period of 30 days from the date of passing of the order or from the date of knowledge. Learned court below also came to the conclusion that the fact of purchase by the auction purchaser on 13.4.2006 did not give a fresh cause of action to the petitioner as claimed.
Learned court below could not have entertained the application which was time barred in the absence of any application for condonation of delay. The application was, therefore, rightly dismissed.
No ground is made out which may call for interference by this court in the impugned order in revisional jurisdiction.
Dismissed.