1. - Admit.

2. Heard learned counsel for the parties.

3. The applicants/respondents No.1 to 4 filed an election petition under Rule 80 of the Rajasthan Panchayati Raj Rules, 1996, in the trial court, challenging the election of defendant No.2-petitioner, who was elected to the post of Sarpanch, Gram Panchayat Kishanpura, Panchayat Samiti Javaja, District Ajmer. The defendant No.2 did not remain present in the trial court on 25th April, 2005 in spite of service of summon of the election petition, therefore, the trial court passed an ex-parte order against him. Thereafter the election petition proceeded further. The applicants' evidence has been closed in the case. The defendant No.2/petitioner filed an application on 29th October, 2007 under Order 9 Rule 7 CPC for setting-aside ex-parte order, and that application was contested by the applicants/respondents No.1 to 4. The trial court, vide its order dated 12th December, 2007, rejected the application. The said order is under challenge in this writ petition preferred on behalf of the non-applicant No.2.

4. The learned counsel for the petitioner contended that the petitioner could not understand properly about his appearance in