1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR JUDGEMENT D.B. Special Appeal (Writ) No.1355/08 Darbar Mandir Shri Laldas Ji Maharaj vs. Idrish Date of Order :: 13th August, 2008 PRESENT HON'BLE THE CHIEF JUSTICE MR. NARAYAN ROY HON'BLE MR. JUSTICE MOHAMMAD RAFIQ Mr. Peush Nag for the appellant This appeal is directed against the judgement of learned Single Judge dated 4.4.08 whereby the writ petition filed by the appellant against the order of the trial court dated 25.10.2007 was dismissed. The appellant, who is a plaintiff in the trial court, challenged the aforesaid order by which the learned trial court allowed the application of the defendant and set aside the ex-parte decree dated 7.7.2006. He has also challenged the order dated 4.2.08 whereby the deposit of cost of Rs.500/- was accepted by condoning the delay. On perusal of the impugned judgement as also the orders passed by the learned trial court, we find that the ex-parte decree was passed upon the counsel pleading no instructions and the Court found that the counsel not only pleaded no instructions but also failed to inform the defendant about the 2 case. In those facts, the application filed under Order 9 Rule 13 CPC was accepted on payment of cost of Rs.500/-. Condonation of delay in payment of the cost amount also was justified in the facts of the case. The learned Single Judge, in our view, was therefore, justified in dismissing the writ petition. There being no merit, this appeal is dismissed. (Mohammad Rafiq),J. (Narayan Roy), C.J. ravi/-