IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.7255 of 2006. Gram Panchayat Bada and Another Versus Madan Lal son of Shri Dhanna Lal Date of Order ::: 23.05.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri M.C. Gupta, Addl.Govt. Counsel for the petitioner Shri Amit Jindal and Shri Prashant Sharma, Counsel for the respondents #### By the Court:- Heard learned counsel for the parties. Plaintiff/respondent instituted a suit in the trial Court, wherein an ex-parte proceedings were drawn on 05.07.1997 and, ultimately an ex-parte decree was passed on 18.03.1998. However, on the application, filed on behalf of the defendant/petitioners an ex- parte decree was set aside on 07.04.1999 and the defendants were afforded an opportunity to defend the suit. Counsel for the defendants again pleaded no instructions in the matter on 23.11.2002 and an ex-parte order was passed and, consequently the ex-parte decree was also passed on 26.11.2002. The defendants moved an application in the trial Court again under Order 9 Rule 13 of the Code of Civil Procedure, 1908 for setting aside the ex-parte decree, along with an application under Section 5 of the Limitation Act for condonation of delay in filing the application. It was contended in the application that on 30.04.2003 the defendants came to know about the passing of the ex-parte decree when Sale- Amin attached the property of the defendants. Thereafter, they moved an application for obtaining certified copy of the order on 07.07.2003 and filed the present application. The application was contested by the plaintiff/respondent and narrated the aforesaid facts, including the ex-parte decree on earlier occasion and, affording an oppotunity to the defendants by setting aside the same. It was prayed that the case is old one and, the ex-parte decree should not be set aside again and, again only to give an opportunity to the State or the Gram Panchayat. The trial Court vide its order dated 02.02.2006 rejected the application. Being aggrieved with the same, an appeal was preferred by the defendant/petitioners, but the same was also dismissed by the Appellate Court vide its judgment dated 08.08.2006. The aforesaid two orders have been challenged by the defendant/petitioners in the present writ petition. The learned counsel for the petitioners contended that in the interest of justice one more opportunity may be granted by allowing the application of the defendants for setting aside the ex- parte decree so they may defend the suit. The learned counsel for the respondent contended that on earlier occasion also, the same pryaer was made by the defendants, which was allowed and an ex-parte decree was set aside. The defendants again pleaded no instruction and again ex-parte decree was passd in the matter. The ex-parte decree was passed on 26.11.2002, whereas the application for setting aside the ex-parte decree was filed by the Panchayat Samiti on 08.05.2003 and the Gram Panchayat on 23.07.2003 and, the trial Court as well as Appellate court, both, have righty rejected the same, therefore, no interference in the said orders should be made by this Court. The learned counsel for the respondent also contended that the decree has already been executed and the due compensation has already been recovered and paid to the plaintiff/respondent. I have considered the submissions of the learned counsel for the parties in the light of the reasons assigned by both the Courts below and, after considering the same, I find that there was no sufficient cause shown on behalf of the defendant/petitioners to set aside the ex-parte decree, particulary when an opportunity had been granted on earlier ocasion to the defendants by setting aside the ex- parte decree. There is a delay in filing the application and the cause shown for condonation of delay is also not sufficient. I do not find any infirmity in the orders passed by both the Courts below. There is no merit in this writ petition and the same is accordingly dismissed. (Narendra Kumar Jain) J. Ashok/