IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL WRIT No. 6553 of 2007 AMAR SINGH V/S U.I.T.,JODHPUR & ORS. Mr. DILIP MOOLCHANDANI, for the appellant / petitioner Date of Order : 9.10.2007 HON'BLE SHRI N P GUPTA,J. ORDER ----- Heard learned counsel for the petitioner. By the impugned order, the learned trial court has allowed the application under O. 9 Rule 7 C.P.C. Admittedly before the application was filed under O. 9 Rule 7 the suit did not register any material progress, inasmuch as even according to the learned counsel for the petitioner only rejoinder has been filed to the written statement filed by the Urban Improvement Trust. In my view, in the circumstances of the case, the impugned order does not require any interference in my writ jurisdiction so as to allow the plaintiff continue the suit exparte. May be that the cost awarded by the learned trial court is inadequate but on that count impugned order cannot be interfered with in my writ jurisdiction. The writ petition is, therefore, dismissed summarily. ( N P GUPTA ),J. /Sushil/