1 THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL MISC. APEAL NO.1096/2008. Gurudayal Choudhary. VERSUS Amar Singh Choudhary. 21.04.2008. HON'BLE MR.JUSTICE DALIP SINGH Mr.A.K.Pareek ] Mrs.Rani Bhandari] for the appellant. Mr.Anurag Sharma, for the respondent. ***** Heard learned counsel for the parties and perused the impugned order dated 14.02.2008 by which the application filed by the appellant in July, 2007 for setting aside the ex-parte decree dated 23.07.2003 has been dismissed. The learned trial court has noted the fact that the defendant-appellant was served in the suit and on 18.12.2002 vakalatnama was filed and time was sought to file the written statement and despite several opportunities having been allowed, the defendant-appellant failed to file the written statement and ultimately on 10.03.2003 the ex-parte order was recorded and on 23.07.2003, the decree impugned was passed. Thus, the defendant-appellant had full knowledge about the suit and there was no sufficient cause as found by the learned trial court for the defendant-appellant not to participate in the suit and for setting aside the ex-parte decree. 2 In the facts and circumstances, I do not find any reason to interfere with the order passed by the learned trial court. When the matter came up before the court on 17.04.2008, learned counsel for the appellant was asked to take instructions if the appellant wanted some time to vacate the premises but the learned counsel for the appellant submitted that the appellant has not contacted him and as such he is unable to make any statement in this behalf. In the facts and circumstances, the appeal as well as the stay application are dismissed summarily. (DALIP SINGH),J. Solanki DS, Jr.P.A.