Mahesh Bhagwati, J. - (1.) By way of the instant writ petition, the petitioner has beseeched to quash and set aside the orders dated 19th February, 2009 and 8th April, 2011 rendered by the Additional Civil Judge (Jr.Div.) No.5, Jaipur City and Additional District Judge (Fast Track) No.7, Jaipur City, respectively.
(2.) Heard the learned counsel for the petitioner and carefully perused the relevant material on record including the impugned orders.
(3.) Having considered the submissions made by the learned counsel for the petitioner, it is noticed that one suit for pre-emption came to be filed by the respondents against the petitioner-defendant. The petitioner gave his appearance in the Court and filed the written statement. During the pendency of suit, the petitioner remained absent on 14th September, 2007 when the respondent-plaintiff PW/1 Jagdish Narayan was present in the Court who was to be cross-examined on that day. Thereafter, the suit was adjourned to 28th September, 2007, 29th September, 2007 and 13th November, 2007 but the petitioner did not put his appearance nor his counsel was present on these dates. Finally, suit came to be decreed ex-parte by the learned trial Court on 13th November, 2007. It is further revealed that the petitioner-defendant filed an application under Order 9 Rule 13 of CPC on 30th May, 2000 imploring the learned trial Court to set aside the ex-parte decree which was dismissed by the Court on 19th February, 2009.;