[2026:RJ-JP:2257]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14051/2023 Mahender Singh Rawat S/o Late Shri Rasa Singh, Aged About 46 Years, R/o C/o Sh. Tilak Singh Rawat, D.a.v. Shatabdi School Campus, Adarsh Nagar, Ajmer. Correct Address- Plot No. 18 Achal Vihar, Manyawas, Mansarovar, Jaipur ----Petitioner Versus Dayananad Bal Sadan, A Registered Society Through Its Secretary Shri Vijay Singh Arya, Chand Bawdi Road, Ajmer.

----Respondent For Petitioner(s) : Mr. Shobit Tiwari For Respondent(s) : Mr. Rahul Agarwal Mr. Akash Gupta Mr. Rishabh Bhidasra HON'BLE MR. JUSTICE BIPIN GUPTA

Judgment / Order

19/01/2026

1. The present writ petition has been filed assailing the order dated 28.04.2023, whereby the application filed by the petitioner-

defendant under Order IX Rule 7 CPC was rejected.

2. Brief facts of the case are that a suit for eviction was filed by Dayanand Bal Sadan against the present petitioner before the learned Rent Tribunal. The proceedings were conducted ex-parte on 30.06.2022. On 12.09.2022, the petitioner moved an application for setting aside the ex-parte proceedings under Order IX Rule 7 CPC. However, the same was rejected vide the impugned order dated 28.04.2023.

3. It is contended by learned counsel for the petitioner that he was never served with the notices, and the ex-parte proceedings were initiated against him. It is further contended that immediately on coming to know about the factum of pendency of the eviction proceedings, on 12.09.2022 itself he filed an application under Order IX Rule 7 CPC and till that period no substantial proceedings have taken place in the suit and was at the stage of beginning of the trial.

4. He, therefore, submits that without due application of the correct facts, the application has been rejected vide impugned order dated 28.04.2023. He also submits that since the pendency of the present writ petition, the proceedings in the Trial Court have been stayed.

5. He further submits that even as on today no substantial progress in the suit has been made.

6. Per contra, learned counsel for the respondent opposes his prayer and contends that the petitioner had willfully abstained himself from appearing in the suit proceedings and thus, the learned Trial Court has rightly ordered to proceed ex-parte against him on 30.06.2022. However, learned counsel for the respondent could not refute the fact that the suit is still at the initial stage and merely within three months, the application for setting aside ex- parte proceedings have been filed. Moreover, he could not dispute the fact that the proceedings have been stayed in this petition since 2023.

7. Considering the same, this Court deems it appropriate to set aside the order dated 28.04.2023 as well as the ex-parte proceedings which have been initiated vide order dated 30.06.2022. The petitioner is at liberty to file reply within period of 15 days from the first date when this order is filed before the learned Rent Tribunal. The above is subject to the payment of costs Rs. 10,000/-.

8. If the reply is filed within the said date, then the learned Trial Court will proceed in accordance with law. If the reply is not filed within 15 days then this order will not come into effect and the Court will proceed from the stage which was existing on the date of filing of the present petition before the Tribunal.

9. It is also expected from the learned Rent Tribunal to decide the pending application(s) as expeditiously as possible taking into consideration the provisions of Section 15(5) of the Rent Control Act, 2001.

10. With the above observations, the writ petition stands disposed of.

11. Pending application(s), if any, shall also disposed of.

(BIPIN GUPTA),J PARSHANT /55