CFA 124/08 Jai Narain Vs. Ram Kumar and another (1) In the High Court of Judicature for Rajasthan At Jaipur Bench, Jaipur J U D G M E N T In S.B. Civil First Appeal No.124/2008 Jai Narain Vs. Ram Kumar and another Date Of Judgment :: 28th October, 2009 Hon'ble Mr. Justice Jitendra Ray Goyal Mr. Sunil Kumar Yadav, for appellant. Mr. V.S. Yadav, for respondent. .......... By The Court :- At the joint request of both the parties, this appeal has been heard finally at the stage of admission since a very short question is involved. The suit filed by the plaintiff-respondent for specific performance of the contract has been decreed exparte. It is admitted case of the parties that appellant- defendant no.1 appeared before the trial court and filed the written statement on 28/5/2007 and the next date 3/10/2007 was fixed for framing of the issues. On that date on account of absence of the appellant-defendant no.1 the trial court proceeded exparte, though on that day nothing was to be done by the defendant and it was the duty of the trial court to frame issues on the basis of the pleadings of the parties. Therefore, in my considered view, the order of the trial court for proceeding exparte CFA 124/08 Jai Narain Vs. Ram Kumar and another (2) against the appellant-defendant no.1 was not in accordance to law. It is also significant to note that trial court did not frame the issues and decided the suit exparte, which under the facts and circumstances of this case cannot be said to be just and lawful. In view of the above, this appeal is allowed and the impugned judgment and decree is set aside and the matter is remitted back to the trial court with the direction that after framing the issues and giving opportunity to lead the evidence by both the parties the suit be decided afresh in accordance to law. Parties are directed to appear before the trial court on 24/11/2009. Office is also directed to send the record to the trial court along with a copy of this order forthwith. (J.R. Goyal),J. VS Shekhawat/- Jr. P.A. D57