The court upheld the dismissal of the petitioner's application to set aside an ex parte decree, finding no sufficient cause for his absence during proceedings.

Order :

1. The present writ petition has been filed by the petitioner under Article 226 and 227 of the Constitution of India assailing the order dated 28.11.2023 (Annex.6) passed by the Senior Civil Judge, Jalore (‘Trial Court’), whereby the application filed by the petitioner under Order XXXVII Rule 4 and 7 of the Code of Civil Procedure, 1908 (‘CPC’) has been dismissed and the order dated 20.05.2024 (Annex.7) passed by the District Judge, Jalore (‘Appellate Court’), whereby the appeal preferred by the petitioner against the order passed by the learned Trial Court (Annex.6) has been dismissed.

2. In the instant writ petition, the petitioner has sought following relief(s):

“It is, therefore, prayed that this writ petition may kindly be allowed and by an appropriate writ, order and/or direction:

a. By the appropriate writ, order or direction the Hon'ble high court as deems fit may kindly allowed the application filed by the petitioner 30.08.2022 (Annexure-4) under order 37 rule 4 & 7 of CPC.

b. the both learned lower court may kindly be directed to consider the application dated 30.08.2022 [Annexure-4] filed under order 37 rule 4 & 7 of CPC, so that the petitioner may have chance to take defense against the case filed against him under order 37 of CPC; and/or

c. the Order impugned dated 28.11.2023 [Annexure-6] rejecting the application of the petitioner under order 37 rule 4 & 7 may kindly be quashed and set aside; and

d. the execution case 01/2019 filed against the petitioner may kindly be quashed and set aside; and

e. the Appellate Order impugned dated 20.05.2024 [Annexure-7] against the order dated 28.11.2023 rejecting the application of the petitioner under order 37 rule 4 & 7 may kindly be quashed and set aside; and

f. any other appropriate writ, order or direction which this Hon'ble Court consider just and proper in the facts and circumstances of the Case may kindly be passed in favour of the Petitioner.”

3. Briefly stated, the facts of the case are that a summary suit was preferred by the respondent/plaintiff on 11.12.2017 against the petitioner/defendant under Order XXXVII of the CPC on 08.12.2017 for recovery of Rs.3,30,000/- stating therein that the plaintiff is doing business of timber in Ahore town. In the suit, it was stated that vide Bill No.23 dated 14.12.2014 the petitioner/ defendant purchased timber of Rs.1,71,000/- while agreeing with the terms of the payment i.e. interest @ 2/- per hundred under his own signatures. Thereafter, despite repeated requests when the payment was not made by the defendant, a registered notice along with AD was also served upon, however, the payment was not made. In the suit, it was further stated that even after receipt of the registered notice, when payment was not made, the suit was filed by the respondent/plaintiff. In support of the suit, the respondent/plaintiff exhibited photostat copy of the Bill, Cash Book of 2014-15 and relevant Books of Accounts, photostat copy of registered notice along with AD receipts.

4. The summons of the suit were issued on 10.05.2018 under Order 37 Rule 2 CPC and the same were served upon the petitioner/defendant on 21.05.2018 and compliance thereof, the defendant was required to remain present before the court and to submit his registered address for proper service under Order 37 Rule 3 (1) CPC on him, however, despite service of the summons, neither the defendant appeared appear before the Trial Court nor through his counsel. In such circumstances, the learned Trial Court proceeded to initiate proceedings exparte against the petitioner/defendant.

5. The learned Trial Court thereafter proceeded to hear the arguments finally and after considering the evidence produced before it, vide exparte judgment and decree dated 02