[2025:RJ-JP:44514] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16565/2025 Mahesh Chand S/o Babulal Katara, Aged About 57 Years, Resident Of Roodawal, Tehsil Roopwas, District Bharatpur (Rajasthan) ----Petitioner Versus 1. Gram Panchayat Roodawal (Bharatpur), Through - A. Sarpanch Gram Panchayat Roodawal (Bharatpur) B. Secretary, Gram Panchayat Roodawal (Bharatpur) 2. Development Officer, Panchayat Samiti Roopwas, District Bharatpur. ----Respondents For Petitioner(s) : Mr. Rajendra Sharma For Respondent(s) : HON'BLE MR. JUSTICE MANEESH SHARMA Order 06/11/2025 1. The present writ petition has been filed by the petitioner under Article 227 of the Constitution of India, assailing the impugned order dated 16.09.2025, passed by the learned Additional Civil Judge and Judicial Magistrate, Roopwas, in Civil Case No.57/2018 titled as 'Mahesh Chand Vs. Gram Panchayat Roodawal & Ors.', whereby the learned Trial Court below allowed the application filed by the respondent under Order 9 Rule 7 of the Code of Civil Procedure, 1908, for setting aside the ex parte proceedings, subject to payment of costs of Rs. 4,000/-. 2. Learned counsel for the petitioner submits that the learned Trial Court below seriously erred in setting aside the ex parte [2025:RJ-JP:44514] (2 of 3) [CW-16565/2025] proceedings, and failed to appreciate the fact that the summons had been duly served upon the respondent, yet, without any sufficient cause being shown, the ex parte proceedings were set aside. 3. Heard and considered the submissions made by learned counsel for the petitioner and perused the record. 4. From a bare perusal of the record, it is evident that by an ex parte order dated 14.12.2018, ex parte proceedings were initiated against the petitioner. However, after considering the submissions of the respondent, the learned Trial Court observed that the summons had not been properly served and that the ex parte proceedings appeared to have been initiated due to collusion between the plaintiff and his younger brother. 5. Upon considering the entire facts of the case, the learned Court observed that the respondent has shown sufficient cause for their non-appearance; and has thus, rightly allowed the application of the respondent, and further permitted him to participate in the trial with a view to providing the respondent with an opportunity to contest the suit, and set aside the ex parte order dated 14.12.2018, subject to payment of costs of Rs.4,000/-. 6. In view of the above, the impugned order dated 16.09.2025 does not suffer from any jurisdictional error, perversity, or any legal infirmity so as to call for any interference by this Court under the jurisdiction conferred by Article 227 of the Constitution of India. [2025:RJ-JP:44514] (3 of 3) [CW-16565/2025] 7. Accordingly, the present Civil Writ Petition fails and is hereby dismissed. 8. The stay application and all other pending applications, if any, also stand disposed of. (MANEESH SHARMA),J Seema/23