1. The present Civil Revision Application u/s.115 of the Code of Civil Procedure has been preferred by the applicant herein - original defendant to quash and set aside the impugned order dated 15/06/2011 passed by learned Principal Senior Civil Judge, Himmatnagar below Exh.21 in Special Summary Suit No.14 of 2009, by which, learned Trial Court has dismissed the said application submitted by the applicant herein to dismiss the suit, in exercise of power under Order 7 Rule 11 of the Code of Civil Procedure.
2. Mr.D.K.Trivedi, learned advocate appearing on behalf of the applicant herein seeks permission to withdraw the present Civil Revision Application as the applicant herein proposes to submit an appropriate application under Order 7 Rule 10 of the Code of Civil Procedure pointing out to the learned Trial Court that learned Trial Court has no territorial jurisdiction.
3. Permission is accordingly granted. The present Civil Revision Application is dismissed as withdrawn. As and when such application is made, the same be considered in accordance with law and on merits, if maintainable and this Court has not expressed anything on merits in favour of either of the parties.
[M.R.SHAH,J] *dipti Top