IN THE HIGH COURT OF JUDIUCATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER 8.12.2008. S.B. CIVIL WRIT PETITION NO.13553/2008 Sudershan Kumar @ Lallu Ji. Vs. Shri Gokul Narain (Died) and Others. HON'BLE MR. JUSTICE DALIP SINGH Shri R.N.Vijay, for the petitioner. Shri P.C.Shah, for the respondent. Learned counsel for the respondent has pointed out that the application under Order 9 Rule 7 C.P.C. came to be filed by the defendant-petitioner at the stage when the case was ripe for hearing and was fixed for final arguments which have since been concluded and it was posted for pronouncement of judgment. He submits that as per the decision of the Hon'ble Supreme Court, reported in AIR 1964 SC 993 [Arjun Singh Vs. Mohindra Kumar and Others] that once the case came up for pronouncement of judgment, the case is taken away from the purview of Order 9 Rule 7 C.P.C. and the remedy which is available to the aggrieved party would be to move an application under Order 9 Rule 13 C.P.C. for setting aside the ex-parte decree if one is passed against the defendant or for filing a regular appeal against the decree. Learned counsel has also relied upon the recent decision of the Hon'ble Supreme Court in the case of Bhanu Kumar Jain Vs. Archana Kumar and Another reported in 2005(1) Apex Court Judgments 121 (SC) wherein also the above principle has been reiterated. In view of the above, I deem it just and proper to dispose of this writ petition with liberty to the petitioner to choose either of the remedies as was pointed out by the learned counsel for the respondent. Needless to say that the learned court, when seized of the matter on either of the remedies of appeal or application under Order 9 Rule 13 C.P.C. which may be chosen by the petitioner would be free to decide the same in accordance with law without being influenced by the impugned order dated 25.10.2008 passed earlier on application under Order 9 Rule 7 C.P.C. or the fact that the writ petition (present one) is being disposed of by this court by this order, since this court has not expressed any opinion on the merits of the contentions which have been raised, either in the order passed on the application under Order 9 Rule 7 C.P.C. or having been raised in this writ petition in this court, as alleged in this writ petition. Subject to the above, this writ petition is disposed of. (DALIP SINGH),J. Ramchandrkhatri,PS