[2025:RJ-JP:10392] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Revision Petition No. 7/2025 Om Prakash Gupta, Aged About 58 Years, H. No. 32/847, Shankar Bhawan, Srinagar Road, Ajmer, Rajasthan-305001. ----Petitioner Versus Ballu Singh S/o Late Shri Mansingh Rawat And Late Smt. Shanti Devi, Bhairav Mandir Ke Aage, Dhawan School Ke Pehle Wali Gali, Kalyanipura, Ajmer, Rajasthan-305002. Also at, Dinesh Home Furnishing, C/o Shiv Ganga Ice Factory, Near HDFC Bank, Adarsh Nagar, Ajmer, Rajasthan-305002 ----Respondent For Petitioner(s) : Mr. Sumit through VC for Mr. Vikram Singh Panwar HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 07/03/2025 1. Aggrieved from order dated 25.09.2024 in civil suit No.52/2024 by learned Additional District Judge No.5, Ajmer, the instant revision petition is preferred by the petitioner-plaintiff. 2. Learned counsel for the petitioner submits that the plaintiff has filed a suit under Order 37 of CPC but learned trial court without following the procedure as prescribed under Order 37 of CPC has proceeded as if the plaint is filed under Order 7 Rule 1 of CPC. He further submits that the defendant has failed to appear within ten days after notice of appearance under Order 37 Rule 2 of CPC but learned trial Court has entertained an application filed under Order 37 Rule 3 of CPC to allow defendant a leave to defend the suit instituted under Order 37 of CPC [2025:RJ-JP:10392] (2 of 2) [CR-7/2025] 3. Having considered aforesaid, it appears that the grievance of the petitioner is non-observance of procedure as prescribed under Order 37 CPC. The trial Court may be under some confusion or otherwise, has failed to consider the provision under Order 37 CPC, in the instant matter. 4. The instant revision petition stands disposed of at this stage with direction to the trial Court to follow and observe procedure as prescribed under Order 37 CPC in ‘letter and spirit’. No deviation from the procedure as prescribed under Order 37 CPC is permissible under the law. 5. In view of aforesaid, revision petition is disposed of with pending application, if any. (ASHOK KUMAR JAIN),J MR/16