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 order passed by the learned Principal Civil Judge, Mundra, Kutch dated 18/08/2006 in Civil Suit No. 58/2005 by which the learned trial Court has dismissed the application submitted by the applicants-original defendants to dismiss the plaint under Order 7 Rule 11(a)(c) and (d) of the Code of Civil Procedure.
2. Today, when the present application is taken up for final hearing, Shri Kirtidev Dave, learned advocate appearing on behalf of the respondent-original plaintiff has stated at the bar that the respondent-original plaintiff is withdrawing Civil Suit No. 58/2005 with a liberty to file a fresh suit and, therefore, now the present Civil Revision Application is not required to be heard on merits.
3. In view of the above, without expressing anything on merits on the right of the respondent-original plaintiff to withdraw the suit with a liberty to file a fresh suit and/or if any fresh suit is filed the same is maintainable or not, the present Civil Revision Application is disposed of as the respondent- original plaintiff is withdrawing the suit and the cause to consider the application under Order 7 Rule 11 of the Code of Civil Procedure does not arise.
4. Shri Kirtidev Dave, learned advocate appearing on behalf of the respondent-original plaintiff has stated at the bar that necessary application by the respondent-original plaintiff permitting him to withdraw the suit with a liberty to file a fresh suit shall be file within a period of two weeks from today. As and when such an application is made, the same be considered in accordance with law and on its own merits for which this Court has not expressed anything on merits. It is made clear that if the learned trial Court rejects the prayer of the respondent-original plaintiff permitting him to withdraw the suit with a liberty to file a fresh suit it will be open for the applicants-original defendants to revive the present Civil Revision Application, which shall be considered in accordance with law and on its own merits.
5. With this, the present Civil Revision Application is disposed of.
(M.R. SHAH, J.) siji