JUDGMENT :

1. The instant writ petition has been filed under Article 227 of the Constitution of India against the order dated 20.04.2016 passed by Civil Judge (S.D.) and Chief Judicial Magistrate, Jaipur in Case No. 13/2014 whereby an application under Order 21 Rule 29 of the Code of Civil Procedure, filed by the respondent-objector, has been dismissed but while dismissing the said application, the learned trial court allowed the framing of issues and taking the evidence of the respondent-objector on record.

2. The relevant facts, necessary for the just and efficacious adjudication of the instant writ petition, are as follows:

2/1. That the petitioner-decree holder filed a suit for eviction, possession, recovery of rent, mesne profit and permanent injunction against the respondent no.2 before the Civil Judge (S.D.) and Chief Judicial Magistrate, Jaipur.

2/2. That despite service, respondent no.2-judgment debtor, did not appear before the learned trial court and therefore, ex-parte proceedings were initiated against him on 31.05.2011.

2/3. That after hearing the arguments, the learned trial court in an ex-parte manner, decreed the suit in favour of the petitioner-decree holder, vide judg