As against the impugned order rejecting the application of the petitioner to frame the preliminary issue on res judicata, which can be said to be an interlocutory order, a revision application under Section 115 of the Code of Civil Procedure, 1908 is not maintainable and therefore, Shri Oza, learned advocate appearing on behalf of the petitioner seeks permission to withdraw the present Civil Revision Application with a liberty to challenge the same by way of appropriate proceedings before appropriate Court/Forum, may be petition under Article 227 of the Constitution of India.
Permission is, accordingly, granted. Present Civil Revision Application is dismissed as withdrawn with above liberty. As and when any such fresh proceedings are initiated, the same be considered in accordance with law and on merits as this Court has not expressed anything on merits.
(M.R.
Shah, J.) menon Top