Present Civil Revision Application under Section 115 of the Code of Civil Procedure has been preferred by the petitioner herein-original defendant no.6 challenging the impugned order dated 7.1.2012 passed by the learned Judge of the City Civil Court No.6, Ahmedabad passed in Civil Miscellaneous Application No.527 of 2010 dismissing the application submitted by the petitioner to set aside the ex-parte judgment and decree under Order 9 Rule 13 of the Code of Civil Procedure.
Shri Nirad Buch, learned advocate for the applicant seeks permission to withdraw the present application with a liberty to avail appropriate remedy before the appropriate Court challenging the judgment and decree passed by the learned Judge of the City Civil Court No.6, Ahmedabad dated 25.8.2006 passed in Civil Suit No.2046 of 1998 as the Civil Miscellaneous Application No.527 of 2010 has been dismissed by the learned Judge of the City Civil Court No.6, Ahmedabad on the ground that the decree dated 25.8.2006 was not a ex-parte judgment and decree. Without expressing anything on merits with respect to maintainability of any other proceedings which may be initiated, present Revision Application is dismissed as withdrawn. As and when, any other proceedings are initiated, the same be considered in accordance with law and on merits.
(M.R.SHAH,J.) kaushik Top