HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil First Appeal No. 330/2021

Mohan Singh Tada Son Of Late Shri Girdhari Singh, Aged About

51 Years, R/o HH Flat No. 2, Tilak Marg, C-Scheme, Jaipur

(Rajasthan.)

----Appellant/Plaintiff

Versus

SMS Investment Corporation Private Limited, Raj Mahal Palace

Office, Sardar Patel Marg, C-Scheme, Jaipur Through Managing

Director/ Secretary.

----Respondent/Defendant

For Appellant(s)

Mr. Rajendra Prasad, Sr. Advocate

with Mr. Mohd. Adil, Advocate

For Respondent(s)

:

:

Mr. J.P. Goyal, Sr. Advocate withi Mr.

Abhi Goyal

HON'BLE MR. JUSTICE PRAKASH GUPTA

Order

17/02/2022

This Civil First Appeal has been filed by the appellant-

plaintiff (for short, 'the plaintiff') against the order dated

18.8.2021 passed by the Trial Court in Civil Suit No. 41/2020,

whereby the application filed by the respondent-defendant (for

short, 'the defendant') under Order 7 Rule 11 CPC has been

allowed and the suit filed by the plaintiff being barred by law has

been rejected.

After arguing the matter at some length, learned

counsel for the defendant seeks permission to withdraw the

application filed under Order 7