IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER 6.11.2008. S.B. CIVIL WRIT PETITION NO.12317/2008 Krishan Gopal Pansari Vs. Addl. Civil Judge (JD) West,Jaipur City & Ors. HON'BLE MR. JUSTICE DALIP SINGH Shri R.K.Daga, for the petitioner. Heard learned counsel for the petitioner. The petitioner has challenged the order dated 23.9.2008 by which the application filed by the petitioner for appointment of Commissioner for site inspection in the proceedings under order 9 rule 13 C.P.C. filed by the defendant non petitioner against whom there is already an exarte decree. I am of the view that the application itself is misconceived as no occasion for moving such an application had arisen till such time as the exparte decree dated 17.2.2006 is not set aside. In case the application filed under order 9 rule 13 is dismissed there would be no occasion for any such site inspection since the decree which has been passed as would be come executable as already passed. In case however, the decree is set aside the defendant could be required to file the written statement and only after considering the plea raised in the written statement would at all a case for moving the application for appointment of any Commissioner for site inspection may arise in the matter. In the light of the above, the learned counsel for the petitioner seeks leave of the court to withdraw the application filed for appointment of the Commissioner. The aforesaid application is dismissed as withdrawn with liberty to move fresh application in case the needs so arises. Subject to the above, this writ petition as well as the stay application are accordingly disposed of. (DALIP SINGH),J. Ramchandrkhatri,PS