1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR : O R D E R : S.B. Civil Revision Petition No.127/2007. (Anand Kumar Vs. Mohan Das & Others) DATE OF JUDGMENT : July 15, 2009. P R E S E N T HON’BLE MR. JUSTICE GOPAL KRISHAN VYAS ____________________________________ Mr. G. Vaishnav for the petitioner. BY THE COURT : This revision petition is directed against the order dated 18.03.2006, whereby, application filed by the petitioner under Order 9 Rule 7, C.P.C. read with Section 151, C.P.C. against order dated 01.06.2005 passed by the trial Court, whereby, application filed by the petitioner under Order 1 Rule 10 (2), C.P.C. read with Section 151, C.P.C. was dismissed in default. For the reasons mentioned in the revision petition, I am satisfied that the order impugned is not sustainable in law because the petitioner gave cogent reasons for his non- appearance before the Court on the relevant date when his application was dismissed in default. In this view of the matter, this revision petition is accepted. Impugned order dated 18.03.2006 is set aside 2 and application filed by the petitioner under Order 9 Rule 7, C.P.C., read with Section 151, C.P.C. before the trial Court is allowed. Application filed by the petitioner under Order 1 Rule 10 (2), C.P.C. before the trial Court is hereby restored. The case is remitted to the Addl. District Judge (Fast Track) No.3, Jodhpur for deciding the application filed by the petitioner in Civil Suit No.545/2004 under Order 1 Rule 10 (2), C.P.C. read with Section 151, C.P.C. (Gopal Krishan Vyas) J. Ojha, a.