1. The present Civil Revision Application under Section 115 of the Code of Civil Procedure has been preferred by the applicants original defendants to quash and set aside the impugned judgement and order dated 15/07/2009 passed by learned 2nd Additional Senior Civil Judge & Judicial Magistrate First Class, Amreli below Exh-14 in Regular Civil Suit No.165 of 2008.
2. It is reported that during the pendency of the present Civil Revision Application and before any order could be obtained in the present Civil Revision Application, the respondent herein original plaintiff has submitted application Exh-35 and had already withdrawn the Suit in question with a liberty to file a new Suit. It is reported that the order passed by the Trial Court below Exh-35 permitting the applicant to withdraw the said Suit with a liberty to file fresh Suit was challenged before this Court by way of Special Civil Application No.5103 of 2010 and the learned Single Judge has dismissed the said petition and confirmed the order passed by the learned Trial Court.
3. Under the circumstances, when the main Suit itself is permitted to be withdrawn and the said order has been confirmed by the learned Single Judge, the present Civil Revision Application has become infructuous and, therefore, without further expressing anything on merits with respect to the order passed below Exh-14 in Regular Civil Suit No.165 of 2008 and without expressing any opinion on merits with respect to legality and validity of the order passed below Exh-14 in Regular Civil Suit No.165 of 2008, the present Civil Revision Application is dismissed as having become infructuous. As and when any question with respect to deficit Court fee is raised in the fresh Suit, the same shall be considered in accordance with law and on its own merits and without in any way being influenced by the order passed by learned Trial Court below Exh-14 in Regular Civil Suit No.165 of 2008 as this Court has not gone into the legality of the order passed below Exh-14 in Regular Civil Suit No.165 of 2008.
[M.R.SHAH,J] *dipti Top