Sanjay K. Agrawal, J. - (1.)Heard.
The petitioner is sole defendant before the trial Court. He was proceeded ex parte before the trial Court. He moved an application under Order 9 Rule 7 of the CPC for setting aside ex parte order on 22.06.2017 when the case was fixed for delivery of judgment on 30.06.2017, that application was rejected by the trial Court on the ground that appication under Order 9 Rule 7 CPC cannot be entertained when the case was fixed for delivery of judgment, against which instant writ petition has been filed questioning the same.

(2.)Leanred counsel for the petitioner would submit that application under Order 9 Rule 7 of the CPC was entertainable in view of the decision rendered by the Supreme Court in the matter of Vijay Kumar Madan and others Vs. R.N. Gupta Technical Education Society and others, 2002 5 SCC 30.
(3.)I have heard learned counsel appearing for the petitioner and perused the order impunged with utmost circumspection.