AI Structured Summary
Not yet generated for this judgment
Judgment
The petitioner has laid challenge to the order dated
18.08.2017 passed by the learned Additional District Judge No.6,
Jodhpur, Metropolitan (hereinafter referred to as ''Trial Court'')
whereby an application for setting aside the ex-parte proceedings
has been allowed by the learned Trial Court.
Mr. Arpit Bhoot, learned counsel appearing for the petitioner
submitted that the petitioner-plaintiff had filed a suit in question in
the year 2007 and despite all efforts, the suit has not been
decided. He contended that the learned Court below was
constrained to drawn ex-parte proceedings in view of lack of
interest in the case by the defendant/his counsel.
Mr. Bhoot, submitted that setting aside of the ex-parte
proceedings at this stage has prejudiced the rights of the
petitioner, who expects expeditious disposal of the suit.
Heard learned counsel for the petitioner and perused the
material available on record.
On perusal of the record and the order impugned, this Court
does not deem it to be a fit case to interfere, when the Trial Court
has set-aside the ex-parte proceedings drawn against the
defendant. The order passed by the learned Trial Court meets the
ends of the justice and is in confirmity of the principles of justice
and equity. No interference in extraordinary jurisdiction of the
Court is called for.
Hence, the present writ petition is dismissed.
However, looking to the peculiar facts of the present case, it
is deemed expedient and hence ordered that the learned Trial
Court shall decide the suit expeditiously, preferably within a period
of one year from today, as 10 years'' time has already elapsed,
since the petitioner had instituted the subject suit.