The court emphasized the importance of allowing defendants a fair opportunity to present their case, setting aside ex-parte proceedings upon payment of costs.

Order :

1. This writ petition has been filed by the petitioners-defendants (for short, 'the defendants') under Article 227 of the Constitution of India aggrieved by the order dated 18.07.2024 passed by the Commercial Court No.1, Jaipur Metropolitan-II in Civil Suit No.481/2022 titled as “Dr. Rajendra Singh Bhambu Infra Private Limited Vs. J.D.A. & Ors.”, whereby the defendant’s prayer for setting aside the ex-parte proceedings initiated against them vide order dated 10.02.2023 passed by the trial court has been declined.

2. Learned counsel for the defendants submits that the plaintiff-respondent (for short ‘the plaintiff’) filed a suit for recovery against the defendants in which service of the defendants was deemed to have been affected.

3. Learned counsel for the defendants further submits that due to unavoidable reasons, defendants could not appear before the trial court. Resultantly, the trial court vide order dated 10.02.2023 initiated ex-parte proceedings against them.

4. Learned counsel for the defendants also submits that on 07.03.2024 the defendants filed an application under Order 9 Rule 7 read with Section 151 CPC for setting aside the ex-parte proceedings initiated against them but the trial court vide order dated 18.07.2024 rejected the prayer made by the defendants. So, in the interest of justice, the 10.02.2023 and 18.07.2024 passed by the trial court be set-aside and one more opportunity be given to the defendants to file their written statement before the trial court.

5. I have considered the arguments advanced by learned counsel for the defendants and perused the impugned orders. Taking into consideration the facts and circumstances of the present case, I deem it just and proper to allow the petition filed by the defendants on cost of Rs.25,000/-.

6. Accordingly, the orders dated 18.07.2024 and 10.02.2023 passed by the trial court are set-aside. The trial court is directed to permit the defendants to file their written statement subject to deposition of cost of Rs.25,000/- by them in the Rajasthan State Legal Services Authority, Jaipur on or before next date of hearing failing which no opportunity shall be granted by the trial Court to the defendants to file their written statement.

7. In view of the fact that the application under Order 9 Rule 7 CPC for setting aside the ex-parte proceedings was filed after a delay of more than one year, defendants are directed to initiate the disciplinary proceedings against the concerned officials for their negligence and callousness approach and recover the amount of cost from them. The defendants are also directed to submit the report in this regard before this court on 10.03.2025.

8. List on 10.03.2025.