2005 Supreme(Raj) 2972
RAJASTHAN HIGH COURT AT JAIPUR BENCH
K.S.Rathore, J.
Babu S/o Tunda - Appellant
Versus
Additional District Judge (Fast Track) No. 5, Bharatpur - Respondent
S.B. Civil Writ Petition No. 1437 of 2005.
Decided On : 1-03-2005
Advocates:
For the Petitioner:Manu Bhargava, Advocate.
Headnote:
Civil Procedure Code, 1908, Order 9, Rule 7 - The present application has been filed to set aside the ex-parte order - no sufficient cause was shown by the petitioner - thus, application under Order 9 Rule 7 Civil Procedure Code has been rejected - the Trial Court did not take into account the reason mentioned in the application - the matter was remitted back to the Trial Court to pass a fresh order - impugned order quashed.
JUDGMENT
1. - Heard learned counsel for the petitioner and perused the order impugned dated 13.1.2005 by which the trial Court rejected the application under Order 9, Rule 7 CPC with cost of Rs. 50/-.
2. Learned counsel for the petitioner submits that the defendant No. 2 (petitioner herein) is resident of village Kasoda and on account of non-availability of means he could not reach the Court in time and by the time he reached the Court ex-parte proceeding already initiated against the petitioner and on the same day application for setting aside the ex-parte order has been moved which was rejected without assigning any reason.
3. Upon perusal of the order impugned it appears that the application under Order 9, Rule 7 CPC has been rejected on the ground that sufficient cause has not been assigned by the petitioner in the application. Prima facie it appears that the trial Court has not considered the reason mentioned in the application.
4. Accordingly, I allow the writ petition and quash and set aside the order impugned dated 13.1.2005 and remit the matter back to the trial Court and the trial Court shall pass fresh order considering the fact mentioned in the application under Order 9, Rule 7.Writ petition allowed.
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