SBCWP NO.4968/2009 – PARMESHWARI DEVI V/S JAIPAL .. :JUDGMENT DTD.10.7.2009 1/2 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL WRIT PETITION NO.4968/2009 Parmeshwari Devi. Versus Jaipal PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr.Sanjeet Purohit, for the petitioner. Mr.Hemant Jain, for the respondents. DATE OF JUDGMENT : 10th July, 2009. JUDGMENT 1. Having heard the learned counsels, this Court is satisfied that exparte proceedings against the petitioner – defendant deserves to be set aside subject to payment of cost of Rs.1000/- as observed in the order dtd.18.5.2009 when the notices were issued to the respondent. The petitioner – defendant appears to have been prevented by the sufficient cause in appearing before the learned trial Court on 1.12.2008 as she fell ill and was out of town around this particular period. Mere fact that earlier also, some exparte proceedings were drawn against the defendant and they were set aside on no objection from other side, does not make it compulsory that second time exparte proceedings if drawn cannot be set aside as contended by the SBCWP NO.4968/2009 – PARMESHWARI DEVI V/S JAIPAL .. :JUDGMENT DTD.10.7.2009 2/2 learned counsel for the respondent. Therefore, this writ petition is allowed by setting aside the impugned order dtd.25.4.2009 and subject to payment of cost of Rs.1000/- to the plaintiff, the exparte proceedings against the defendant are set aside. (Dr.VINEET KOTHARI)J. Item No.103 Ss/-