1. The present Civil Revision Application under Section 115 of the Code of Civil Procedure has been preferred by the applicants-original defendants nos. 3 to 8 to quash and set aside the impugned order passed by the learned Principal Senior Civil Judge, Anand dated 13/05/2011 below Exh. 35 in Special Civil Suit No. 75/2010 by which the learned trial Court has rejected the application submitted by the applicants to reject the plaint under Order 7 Rule 11 read with Order 1 Rule 1 and 3 read with Order 6 Rule 1, 16 and 17 read with Section 151 of the Code of Civil Procedure.
2. After the matter was argued for some time, Shri Shah, leanred advocate appearing on behalf of the applicants seeks permission to withdraw the present Civil Revision Application, however, has requested to reserve the liberty in favour of the applicants to raise the objections, which are raised while submitting the application, Exh. 35 at the time of trial and the same may be directed to be considered by the learned trial Court independently in accordance with law and on its own merits, without, in any way, being influenced by the order passed below Exh. 35.
3. The prayer is not opposed by Ms. Pahwa, learned advocate appearing on behalf of the contesting respondents.
4. In view of the above, the present Civil Revision Application is dismissed as withdrawn. It is observed that all the defenses/objections, which are raised by applicants while submitting the application, Exh. 35, are permitted to be raised and the issues, which may be framed, be considered in accordance with law and on its own merits, without, in any way, being influenced by the impugned order passed below Exh. 35. Notice is discharged. Ad-interim relief granted earlier, if any, stands vacated forthwith.
(M.R.
SHAH, J.) siji Top