Bela M. Trivedi, J.

This common judgment is being passed for disposing of the Civil Writ Petition No.4210/2011 as well as the Civil Misc. Appeal No.2045/2012, which are inter-connected with each other and arises out of the proceedings in the same suit.

2. The S.B. Civil Writ Petition No.4210/2011 has been filed by the petitioner-defendant challenging the order dated 01.02.2011 passed by the Additional District & Sessions Judge (Fast Track) No.9, Jaipur City, Jaipur (hereinafter referred to as 'the trial court) in Civil Suit No.19/2007 (207/2002), whereby the trial court has allowed the application of the respondent No.1-plaintiff filed under Order 11 Rule 12, 14 & 15 read with Section 151 of Civil Procedure Code. The C.M.A. No.2045/2012 has been filed by the same appellant-defendant challenging the order dated 03.03.2012 passed by the trial court in the said suit, whereby the trial court has allowed the application of the respondent No.1-plaintiff for striking out the defence of the appellant-defendant under Order 11 Rule 21 read with Section 151 of C.P.C.

3. The chronology of events necessary for the purpose of deciding these two matters is that the respondent-plaintiff has