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High Court Of Rajasthan
Judgename : PRAKASH TATIA
NEMA RAM - Appellant
Versus
MOTA RAM - Respondent
Civil Second Appeal 107 Of 2004
Decided On : 05/02/2006
Order 7 Rule 11 CPC - Application to Withdraw - The court permitted the appellants to withdraw the application under Order 7 Rule 11 CPC, allowing the trial court to decide the issue raised in the written statement and the application under Order 7 Rule 11 CPC in the main suit.
Fact of the Case:
The appellants sought to withdraw the application filed under Order 7 Rule 11 CPC as they had already submitted a written statement before the trial court, and the first appellate court remanded the matter back to the trial court.
Finding of the Court:
The court permitted the appellants to withdraw the application under Order 7 Rule 11 CPC, allowing the trial court to decide the issue raised in the written statement and the application under Order 7 Rule 11 CPC in the main suit. The appeal was dismissed as having become infructuous.
Issues: Withdrawal of application under Order 7 Rule 11 CPC, remand by first appellate court, consideration of law on Order 7 Rule 11, Order 7 Rule 10, and Order 14 CPC.
Ratio Decidendi: The trial court was given liberty to decide the issue raised by the appellants in their application under Order 7 Rule 11 CPC and in the written statement, allowing the issue to be agitated in the main suit.
Final Decision: The application of the appellants under Order 7 Rule 11 CPC was dismissed with liberty to the appellants to agitate the issue in the main suit. The appeal was dismissed as having become infructuous.
( 1 ) HEARD learned counsel for the parties. Learned counsel for the appellants wants to withdraw the application filed under Order 7 Rule 11 C. P. C. in view of the fact that the appellants have already submitted written statement before the trial court and the appellants have taken the plea in the written statement which they have taken in the application under Order 7 Rule 11 CPC. The first appellate court after allowing the appeal of the plaintiff/respondent remanded the matter back to the trial court to decide the application under Order 7 Rule 11 cpc afresh after taking into consideration the law on Order 7 Rule 11, Order 7 Rule 10 and Order 14 CPC.
( 2 ) IN view of the above facts and in view of the request of the appellants, the appellants are permitted to withdraw the application under Order 7 Rule 11 CPC so that the trial court may apply its mind to decide the issue raised by the appellants in their application under Order 7 Rule 11 CPC and in the written statement by giving a decision in the suit itself.
( 3 ) IN view of the above, the application of the appellants under Order 7 Rule 11 CPC is dismissed with liberty to the appellants to agitate the issue in the main suit. Consequently, this appeal is dismissed as having become infructuous.
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