ORDER :

(Nupur Bhati, J.)

The instant writ petition has been preferred by the petitioner under Article 226 and 227 of the Constitution of India with the following prayers:-

i) by an appropriate writ order or direction the impugned order (Annexure-7) dated 11.3.2014 and the consequential proceedings may kindly be quashed and set aside and the petitioner may kindly be permitted to contest the Civil Suit No. 13/2001 by submitting his written argument and adducing evidence according to law.

ii) Any other appropriate writ, direction, order or relief which is found favourable to the petitioner in the facts and circumstances of this case may kindly be granted.

2. Brief facts of the case are that the petitioner is a tenant of the shop situated in Pansari Bazar, old Dhanmandi, Bhilwara and prior to him his father Sujanmalji had occupied the shop in question in the capacity of a tenant. In respect of this shop late Shri. Bhupal Singh filed a partition suit in the District Court Bhilwara on 08.12.1983 and along with the suit, an application under Order 40, Rule 1 CIVIL PROCEDURE CODE 1908 (hereinafter referred to as CPC in short) was submitted for appointing an official receiver and accordingly one advocate Shri. Satya Narayan Derashree was appointed as an Official receiver in the suit on 04.03.1986. However, Shri. Satyanarayan Derashree was selected in Rajasthan Higher Judicial Services and therefore, in his place advocate Shri. Bheru Lal Bafna was appointed as the official receiver. Shri. Bheru Lal Bafna in the capacity of an official receiver of the property of Bhupal Singh filed a suit for eviction and for recovery of arrears of rent against the petitioner regarding the shop in question. This suit was decreed ex-party by the Court of learned Additional Civil Judge (Junior Division) No.2, Bhilwara on 20.04.2004(Annexure1).

3. The petitioner got the information about the ex-party decree when he received the notice of the Execution proceedings for the first time on 08.03.2011. After receiving the notices of the execution proceedings on 08.03.2011, the petitioner obtained the certified copies of the judgment and the order sheets. Thereafter he submitted an application dated 06.04.2011 (Annexure-2) for setting aside the ex-party decree by invoking the provisions of Order 9, Rule 13 CPC read with section 151 CPC 1908 and also submitted an application under section 5 of The Limitation Act, 1963 for condonation of delay. The application of the petitioner dated 06.04.2011 for setting aside the ex-party decree dated 20.04.2004 in Civil Suit No. 13/2011 was contested by the respondents and the learned Additional Civil Judge (Junior Division) No.2, Bhilwara after hearing the arguments of both the parties passed the order dated 19.07.2013 by which the application of the petitioner filed under Order 9, Rule 13 CPC for setting aside ex-party decree dated 20.04.2004 was dismissed.

4. The petitioner challenged order dated 19.07.2013 by filing a writ petition S.B. Civil Writ Petition No.11737/2013 and while hearing this writ petition at the admission stage, this Hon'ble Court ordered to issue notices to the respondents and by ad-interim stay order the execution proceedings were stayed. However, the writ petition was submitted under a bona fide mistake because the order dated 19.7.2013 was an appealable order and as such the above mentioned writ petition No.11737/2013 was withdrawn with the liberty to file the appeal before the District Court.

5. Thus the order dated 19.7.2013 was challenged before the Dis