Despite many opportunities after ex parte order defendant failed to file written statement
In a suit for partition filed on 20/06/2001 exparte ordered on 25/02/2003 as defendants didn't file written statement. In 2005 IA is filed for set aside exparte which was allowed on condition to pay costs on 16/03/2005. On failing to file written statement it was dismissed. Trail has started and again restoration petition filed by defendant which was dismissed on merits. In a judgement for an IA filed for final decree the civil court clearly mentioned that enough opportunities given to defendant which they didn't availed and now yelling. In 2009 CRP and IA to set aside exparte filed in high court which was dismissed and final decree passed on trail court in accordance with will and partition completed. Now they filed appeal in high court which allowed the appeal and remanded the suit to civil court giving opportunity for defendant to file written statement by ignoring fact that civil court clearly mentioned that they were given enough opportunity even after ex parte order. How to proceed with high court judgement which allowed appeal after final decree is passed and opportunity to file written statement before and after exparte declared.