[2025:RJ-JP:25938]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Revision Petition No. 35/2025 Mool Chand Meena S/o Late Hazari Lal Meena, Aged About 50 Years, Resident Of Village Natata, Tehseel-Jamwaramgarh, District-Jaipur (Raj.).

----Petitioner Versus

1. Smt. Dhanni Devi W/o Late Shri Ram Dhan Meena, Aged About 55 Years, Resident Of Village Natata, Tehseel- Jamwaramgarh, District-Jaipur (Raj.) At Present-Village- Dantli (Saroli), Dhani-Sankhla Ki, Tehsil-Sanganer, District-Jaipur (Raj.).

2. Rajesh S/o Late Shri Ram Dhan Meena, Aged About 20 Years, Resident Of Village Natata, Tehseel- Jamwaramgarh, District-Jaipur (Raj.) At Present-Village- Dantli (Saroli), Dhani-Sankhla Ki, Tehsil-Sanganer, District-Jaipur (Raj.).

3. Heera Devi D/o Late Shri Ram Dhan Meena, Aged About

30 Years, Resident Of Village Natata, Tehseel- Jamwaramgarh, District-Jaipur (Raj.) At Present-Village- Dantli (Saroli), Dhani-Sankhla Ki, Tehsil-Sanganer, District-Jaipur (Raj.).

4. Khelanti D/o Late Shri Ram Dahn Meena, Aged About 25 Years, Resident Of Village Natata, Tehseel- Jamwaramgarh, District-Jaipur (Raj.) At Present-Village- Dantli (Saroli), Dhani-Sankhla Ki, Tehsil-Sanganer, District-Jaipur (Raj.).

5. Keshantaa Alias Foranti D/o Late Shri Ram Dhan Meena, Aged About 27 Years, Resident Of Village Natata, Tehseel- Jamwaramgarh, District-Jaipur (Raj.) At Present-Village- Dantli (Saroli), Dhani-Sankhla Ki, Tehsil-Sanganer, District-Jaipur (Raj.).

6. Pooja D/o Late Shri Ram Dhan Meena, Aged About 22 Years, Resident Of Village Natata, Tehseel- Jamwaramgarh, District-Jaipur (Raj.) At Present-Village- Dantli (Saroli), Dhani-Sankhla Ki, Tehsil-Sanganer, District-Jaipur (Raj.).

7. Ganga D/o Late Shri Ram Dhan Meena, Aged About 23 Years, Resident Of Village Natata, Tehseel-

Jamwaramgarh, District-Jaipur (Raj.) At Present-Village- Dantli (Saroli), Dhani-Sankhla Ki, Tehsil-Sanganer, District-Jaipur (Raj.).

8. Arawali Meena Alias Rahul D/o Late Shri Ram Dhan Meena, Aged About 21 Years, Resident Of Village Natata, Tehseel-Jamwaramgarh, District-Jaipur (Raj.) At Present- Village-Dantli (Saroli), Dhani-Sankhla Ki, Tehsil-Sanganer, District-Jaipur (Raj.).

----Respondents For Petitioner(s) : Ms. Manju Garg, Adv.

For Respondent(s) : Mr. Kamal Kumar Gupta, Adv.

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Judgment

DATE OF JUDGMENT 14 /07/2025 This Civil Revision Petition has been filed by the petitioner-

plaintiff-non applicant (for short ‘the non-applicant’) against the order dated 09.05.2024 passed by District Judge, Jaipur District, Jaipur in Civil Misc. Application No.53/2022, whereby said court allowed the application under Order 9 Rule 13 read with Section 151 CPC filed by the respondents-defendants-applicants (for short ‘the applicants), set aside the ex-parte proceedings and quashed the ex-parte judgment dated 26.04.2017.

Learned counsel for the non-applicant submits that the non-

applicant filed a suit for specific performance of the contract and permanent injunction against the applicants in which despite service of summon, applicants did not appear and resultantly, ex- parte proceedings were initiated against them and after ex-parte evidence, trial court vide order dated 26.04.2017 decreed the non-applicant’s suit ex-parte.

Learned counsel for the non-applicant also submits that the applicants filed an application under Order 9 Rule 13 read with Section 151 CPC before the trial court on 12.09.2022. The trial court vide order dated 09.05.2024 set aside the ex-parte judgment dated 26.04.2017.

Learned counsel for the non-applicant also submits that trial court had committed error in setting aside the ex-parte judgment dated 26.04.2017 because after service of summon, applicants did not appear before the trial court. So, ex-parte proceedings were initiated against them on 18.03.2009 and suit was decreed ex-

parte on 26.04.2017.

Learned counsel for the non-applicant also submits that the non-applicant filed execution petition before the executing court in the year 201