[2025:RJ-JP:34366] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12925/2025 Shankar Bidi Works, Through Partner, Deepak Kumar Agarwal, R/o Near Rainbow Children Academy, Dabur Colony, Alodha Road, Khatu Shyam Ji, Sikar, Raj. ----Petitioner Versus 1. Shri Khatu Shyam Suppliers, Through Proprietor, R/o Kavatiya Circle, Near Punjab National Bank, Shastri Nagar, Jaipur. 2. Rupana Dham Enterprises, Through Proprietor, At Bharti Bal Niketan Senior Secondary School, Shop No. 1, Sikar. 3. Shankar Bidi Works, Through Proprietor, At Goru Hut, Ward No. 7, Dhuliyan Murshidabad, West Bengal- 742202. ----Respondents For Petitioner(s) : Mr. Archit Bohra For Respondent(s) : HON'BLE MR. JUSTICE GANESH RAM MEENA Order 28/08/2025 1. The present petition has been filed by the petitioner with a challenge to order dated 01.10.2024 whereby, the opportunity to file reply to the application filed by other party under Section 10 of CPC was closed. 2. Learned counsel for the petitioner submits that the other party has filed the application under Section 10 of CPC stating that for the same cause of action, other legal proceedings are pending in between the parties before the Commercial Court Asansol, West Bengal. 3. Counsel for the petitioner further submits that reply to the application filed under Section 10 of CPC could not be filed [2025:RJ-JP:34366] (2 of 2) [CW-12925/2025] because of illness of the plaintiff. He further submits that the said application is still pending and in the interest of justice he may be allowed one opportunity to file reply to the application. 4. Taking into consideration the totality of the facts and circumstances of the case and more particularly the fact that the application filed under Section 10 of CPC is still pending for adjudication, the Court feels that ends of justice would meet if the petitioner is allowed one opportunity to file reply to the application. 5. Accordingly, this writ petition is disposed of allowing one opportunity to the petitioner for filing reply to the application filed by the other party under Section 10 of CPC. 6. The petitioner shall submit his reply to the application filed under Section 10 of CPC on the next date of hearing i.e. 16.09.2025 before the learned Court below. This one opportunity is granted to the petitioner subject to payment of Rs.1,000/- to the applicant/defendant on the date of hearing itself. (GANESH RAM MEENA),J Gaurav Srivastava/Satyendra/53