1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.2367/2007 (Mithu Lal & Anr. Vs. S.B.I. & Ors.) Date of order : 25.01.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Usman Ghani, for the petitioners. Mr. J.K. Chanda, for S.B.I. Heard learned counsel for the parties. By way of filing the present writ petition, the petitioner has challenged the order dated 24.1.2007 whereby the trial Court has rejected the application filed by the defendant-petitioner under Order 14 Rule 5, CPC for non-appearance of lawyer. In the interest of justice, I deem it just and proper to quash the impugned order dated 24.1.2007 because it has been passed for non-appearance of lawyer and not on merit. Accordingly, this writ petition is allowed. 2 The impugned order dated 24.1.2007 passed by Additional District Judge No.1, Bhilwara is set aside. The trial Court is directed to decide the application filed by the defendant-petitioner under Order 14 Rule 5, CPC on the next date of hearing. The parties are directed to remain present before the Court and argue the matter on the next date of hearing. (GOPAL KRISHAN VYAS), J. arun