1 S.B. Civil Writ Petition No. 14194/2008 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER S. B. Civil Writ Petition No. 14194/2008 Girdhari Lal Vs. Civil Judge(Junior Division) & Judicial Magistrate, First Class, Laxmangarh, District Sikar & Others. Date of Order: 14.12.2010 Hon'ble Mr. Narendra Kumar Jain,J. Mr. Ripu Daman Singh Naruka, for the petitioner. Mr. Gajendar Sharma on behalf of Mr. Biri Singh Sinsinwar, for the respondents. BY THE COURT: Application filed by the petitioner for early listing of the writ petition is allowed. With the consent of parties, arguments were heard in the writ petition and the same is being disposed off finally. 2. Plaintiff/petitioner has preferred this writ petition under Article 227 of the Constitution of India for setting aside impugned order dated 25.09.2008 passed by Civil Judge (Junior Division) & Judicial Magistrate, First Class, Laxmangarh District Sikar whereby his application under order 22 rule 4 CPC for substitution of legal representatives of deceased Defendant No. 2 Om Prakash has been dismissed and suit against Defendant No. 2 Om Prakash has been dismissed as abated. 2 S.B. Civil Writ Petition No. 14194/2008 3. Learned counsel for the petitioner submits that as per information given to him, plaintiff has already moved an application in the trial court for setting aside the abatement of suit against Defendant No. 2 Om Prakash. 4. Even otherwise also, this writ petition cannot be entertained, as plaintiff has alternative remedy by way of filing an application for setting aside abatement of suit. Since, the petitioner has already filed an application in the trial court for setting aside abatement of suit, therefore, present writ petition is liable to be disposed off on the ground that petitioner has already availed alternative remedy by way of filing an application for setting aside abatement of the suit in the trial court. If said application has not been filed by the plaintiff, then it will be open for him to move an application in this regard in the trial court. 6. In view of above, writ petition is disposed off with no order as to costs. (Narendra Kumar Jain),J. Manoj, Item No.1.