JUDGMENT Pankaj Mithal,J.: - Heard Sri Y.K. Sinha, learned counsel appearing for the petitioners and Sri Nigmendra Shukla, learned counsel who has appeared for respondent no. 3. 2. Petitioners have challenged the order dated 4.1.2014 passed by the Additional District Judge in Misc. case no. 33 of 2008 by which their application under Order 41 Rule 21 CPC for recall/setting aside the appellate judgment and order dated 18.12.2007 has been rejected. 3. The submission of learned counsel for the petitioners is that the petitioners were arrayed as respondents no. 7 and 8 in the appeal but without serving any notice upon them, the appeal was decided behind their back. The appellate court below in rejecting the application has not recorded any finding regarding service of notice upon the petitioners. 4. Sri Nigmendra Shukla, learned counsel has appeared for respondent no. 3 who is the main contesting respondent. 5. Respondents no. 1 and 2 are formal parties and respondents no. 4 and 5 are not the contesting parties to the above application. 6. Mr. Shukla initially resisted the petition but later submitted that it would be proper that the petition may be allowed and the matter be remanded to the appellate court to reconsider the petitioners application under Order 41 Rule 21 CPC afresh in accordance with law. 7. In view of the above submissions and the fact that the appellate court below has not dealt with the contention of the petitioners that the appeal was decided without serving notice upon them, the impugned order dated 4.1.2014 is set aside and the lower appellate court is directed to re-decide the application of the petitioners for recall/setting aside the appellate judgment and order dated 10.12.2010/18.12.2007 afresh in accordance with law as expeditiously as possible preferably within a period of three months from the date of production of the certified copy of this order. 8. The parties agree that they will not seek any unwarranted adjournments and would co-operate with the early disposal of the above application.