1. The present Civil Revision Application under Section 115 of the Code of Civil Procedure has been preferred by the applicants-original defendant challenging the impugned order passed by the learned Civil Judge (Junior Division), Umargaon dated 23/02/2012 below Exh. 14 in Regular Civil Appeal No. 3/2012 by which the learned trial Court has dismissed the said application submitted by the applicants-original defendant to reject the plaint under Order 7 Rule 11 of the Code of Civil Procedure.
2. At the threshold, Shri Sanjanwala, learned Senior advocate appearing on behalf of the applicants seeks permission to withdraw the present application with a liberty in favour of the applicants to raise all the contentions, which are raised in the application under Order 7 Rule 11, at the time of trial. It is requested to make suitable observation that as and when such contentions are raised at the time of trial, the learned trial Court to consider the same in accordance with law and on its own merits, without, in any way, being influenced by withdrawal of the present application.
3. In view of the above, the present Civil Revision Application is dismissed as withdrawn. It is observed that it will be open for the applicants-original defendants to raise all the defenses and/or contentions, which are raised in the application under Order 7 Rule 11 of the Code of Civil Procedure before the learned trial Court at the time of trial at appropriate stage and as and when the same are raised, the same be considered by the learned trial Court in accordance with law and on its own merits.
(M.R.
SHAH, J.) siji Top