[2025:RJ-JP:1368] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 11602/2012 1. M/s Kajodmal Kailash Chandra Vijaywargia (Didwadi Wale) Grain Merchant and Commission Agent C:158 Bhamashah Mandi Anantpura Kota through its proprietor 2. Badrinarayan Vijayvargiya S/o Sh Jagdish Narayan Ex- Proprietor Kajodmal Kailash Chandra Vijayvargiya (Didwadi Wale) C:158 Bhamashah Mandir Kota 3. Mukesh Vijayvargiya Manager, Kajodmal Kailash Chandra Vijayvargiya C:158 Bhamashah Mandi, Anantpura Kota ----Petitioner Versus 1. Addi District Judge No.4 Kota through its Presiding Officer 2. Smt. Madhulata W/o Sh Mukut Bihari R/o C:33 Talvandi Private Sector Kota Raj ----Respondent For Petitioner(s) : Mr. Yenu Satyam For Respondent(s) : None HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 09/01/2025 By way of this petition, petitioners-defendants (for short ‘the defendants’) have challenged the order dated 23.09.2011 passed by the Additional District Judge No.4 Kota in civil misc. appeal No. 35/2011 whereby the appellate court dismissed the appeal filed by the defendants and confirmed the order dated 18.05.2011 passed by the trial Court whereby the trial Court dismissed the application filed by the defendants under Order 9 Rule 13 CPC read with Section 5 of Limitation Act. Heard. Considered. [2025:RJ-JP:1368] (2 of 2) [CW-11602/2012] Defendants admitted that summon was duly served upon them. In this view of the matter, defendants had failed to give any cogent reason for their non-appearance before the trial Court on due date. Defendants failed to adduce any cogent reason for their absence also for more than 2 years after passing the judgment and decree. So, in my considered opinion, the appellate Court had not committed any error in dismissing the appeal filed by the defendants. So, the present civil writ petition being devoid of merit, is liable to be dismissed, which stands dismissed accordingly. (NARENDRA SINGH DHADDHA),J Ritu/83