ORDER 1. By this petition, the petitioners take exception to the order dated 16.8.2018 (Annexure P-5) passed in C.S. No.15-A/18 by IInd Civil Judge Class-II, Distt. Sidhi, whereby the application filed by the petitioners under Order 9 rule 7 of CPC for setting aside ex parte proceeding has been rejected. 2. It is reflected from the impugned order that the petitioners were proceeded ex parte on 15.5.2018 and the application under Order 9 rule 7 of CPC was filed on 17.5.2018 immediately after two days. However, the Court has dismissed the application only on the ground that the application under Order 9 rule 7 of CPC does not bear the signature of either the party or the counsel, whereas the reply to the application was filed along with an affidavit. 3. In the considered opinion of this Court, if the application was not signed by the applicants and the party, an opportunity should have been granted to the concerned to sign the same, however, the application has been rejected by the Court below. 4. Considering the aforesaid, the impugned order dated 16.8.2018 is set aside and a liberty is granted to the petitioners to file a fresh application along with an affidavit of the defendant which shall be decided in accordance with law by the trial Court. With the aforesaid, this petition stands disposed of.