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. 74 in Special Civil Suit No. 75/2010 by which the learned trial Court has rejected the application submitted by the applicants-original defendants nos. 3 to 8 to reject the plaint under Order 7 Rule 11(d) of the Code of Civil Procedure on the ground that the reliefs sought in the suit/plaint are barred by the law of limitation.
2. Having realized that some of the reliefs might be considered to be within the law of limitation and some of the reliefs might be barred by the law of limitation by which the evidence is required and/or the same is required to be considered in detail, the plaint as a whole cannot be rejected under Order 7 Rule 11(d) of the Code of Civil Procedure, Shri Shah, learned advocate appearing on behalf of the applicants-original defendants nos. 3 to 8 seeks permission to withdraw the present Civil Revision Application with a liberty to submit an appropriate application before the learned trial Court to raise the preliminary issue with respect to limitation for which according to the applicants, the same is barred by limitation. Permission is accordingly granted. The present Civil Revision Application is dismissed as withdrawn with the above liberty and as and when such an application is made, the same be considered in accordance with law and on its own merits and after giving an opportunity to all the concerned, without, in any way, being influenced by the present order.
3. With this, the present Civil Revision Application is dismissed as withdrawn. Notice is discharged. Ad-interim relief granted earlier, if any, stands vacated forthwith.
(M.R.
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