SBCWP NO.4968/2009 - PARMESHWARI DEVI V/S JAIPAL .. :JUDGMENT DTD.10.7.2009
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
S.B. CIVIL WRIT PETITION NO.4968/2009
Parmeshwari Devi.
Versus
Jaipal
PRESENT
HON'BLE Dr.JUSTICE VINEET KOTHARI
Mr.Sanjeet Purohit, for the petitioner.
Mr.Hemant Jain, for the respondents.
DATE OF JUDGMENT : 10th July, 2009.
JUDGMENT
1. Having heard the learned counsels, this Court is satisfied that
exparte proceedings against the petitioner – defendant deserves to be
set aside subject to payment of cost of Rs.1000/- as observed in the
order dtd.18.5.2009 when the notices were issued to the respondent.
The petitioner – defendant appears to have been prevented by the
sufficient cause in appearing before the learned trial Court on
1.12.2008 as she fell ill and was out of town around this particular
period. Mere fact that earlier also, some exparte proceedings were
drawn against the defendant and they were set aside on no objection
from other side, does not make it compulsory that second time
exparte proceedings if drawn cannot be set aside as contended by the
SBCWP NO.4968/2009 – PARMESHWARI DEVI V/S JAIPAL .. :JUDGMENT DTD.10.7.2009
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learned counsel for the respondent. Therefore, this writ petition is
allowed by setting aside the impugned order dtd.25.4.2009 and
subject to payment of cost of Rs.1000/- to the plaintiff, the exparte
proceedings against the defendant are set aside.
(Dr.VINEET KOTHARI)J.
Item No.103
Ss/-
