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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.