1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Writ Petition No.9188 of 2005 . Nand Lal son of Shri Mool Chand. VERSUS Civil Judge (Junior Division) Ataru, Baran and Others Date of Order :::: 21/08/2009 Hon'ble Mr. Justice Dalip Singh Mr. Vijay Kumar Khandelwal, Counsel for the Petitioner. Per Court : Despite notices having been issued to the respondents on 22.11.2005 and having been served, none has appeared for the respondents. As such without admitting this petition, the same is being disposed of, or else the trial shall remain stayed remiting in unnecessary delay. Heard learned counsel for the petitioner and perused the impugned order dated 28.02.2005. In the facts and circumstances of the present case, I deem it just and proper to direct that the petitioner would be permitted to file an application for recalling the order dated 2 28.02.2005 by an appropriate application submitting grounds for recalling the same before the learned trial Court and in the event of such an application being filed the learned trial Court would decide the same in accordance with law after affording an opportunity to the plaintiff to file reply to the same and after considering the merits of the submissions of both the parties. Subject to the above, the writ petition and the stay application stand disposed of. The stay order passed by this Court on 22.11.2005 stands vacated. (Dalip Singh) J. ashok/