1. - The present revision petition has been filed under section 115 of CPC challenging the order dated 31.5.2007 passed by the Addl. Civil Judge (JD) Bundi (hereinafter referred to as the "trial court") in Civil Misc. Application No.24/2000, whereby the trial court has set aside the exparte decree dated 12.8.1998 passed in favour of the petitioner-plaintiff in Civil Suit No.244/1995.

2. It has been submitted by learned counsel Mr.SS Hora for the petitioner that the respondent no.1 and his father Shri Ramcharan, who were the original defendants in the suit, though were duly served, did not file their appearance and therefore, an exparte decree was passed in favour of the petitioner plaintiff. According to him, the said defendants were also aware about the other revenue proceedings pending between the parties in which the reference was made of the Civil Suit and also the exparte decree passed in the suit, however the respondents filed the application for setting aside the exparte decree under Order 9, Rule 13 of CPC on frivolous grounds. According to him, the order passed by the trial court being without jurisdiction, the same deserves to be set aside.

3. However, the learned