Alok Sharma, J. - (1.) A challenge in this petition has been made to the order dated 10.08.2010, passed by the Additional District & Sessions Judge (FT) No. 2, Beawar allowing an application filed by the defendants -respondents (hereinafter 'the defendants') under Order 9 Rule 7 CPC even though arguments in the matter had been concluded. Mr. Deshraj Kalwania, appearing for the petitioner -plaintiff (hereinafter 'the plaintiff) has relied upon the judgment of the Hon'ble Supreme Court in the case of Arjun Singh v. Mohindra Kumar & Ors. [ : AIR 1964 SC 993] wherein it has been held that where the matter was adjourned for pronouncement of judgment, an application under Order 9 Rule 7 CPC could not have been entertained or allowed.
(2.) MR . Vijayant Nirwan, appearing for the defendants, could not point out any contrary authority to the Court. Heard the counsel for the parties.
(3.) CONSEQUENTLY , the impugned order dated 10.08.2010, passed by the trial court is set aside and the matter is remanded to the trial court for pronouncement of order. It is however made clear that the respondents -defendants would be free to move an application under Order 9 Rule 13 CPC for reasons of an ex -parte decree being passed against them. The petition is accordingly allowed.;