Single judge order where counsel for the petitioner sought leave to withdraw revision petition and applications challenging rejection of plaint, reserving right to object valuation by appeal. Court allowed withdrawal subject to legal permissibility.
Revision petition and applications are dismissed as withdrawn.
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YOESHWAR DAYAL (SINCE DECEASED THR LRS) & ORS ..... Respondents
Through:
CORAM: HON'BLE MR. JUSTICE R.K.GAUBA O R D E R % 22.05.2018
After some hearing, the counsel for the petitioner submits that he is under instructions to request that he may be permitted to withdraw the present revision petition and the applications filed therewith, directed against the order dated 19.04.2018 of the additional district judge, passed on the file of the civil suit (No.169/2016, New No.16510/2016) whereby his application for rejection of the plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC) was dismissed, as the petitioner instead reserves the right to raise the objections as to the valuation of the reliefs claimed in the suit filed by the opposite party by appeal against the preliminary decree passed on 14.03.2017 also possibly seeking return of the plaint, in accordance with law.
The revision petition and the applications filed therewith stand dismissed as withdrawn. The petitioner may pursue the remedies as aforesaid, subject to its permissibility under law.
R.K.GAUBA, J.
MAY 22, 2018/vk
1 issue framed by the court
Whether the petitioner can withdraw his revision petition and related applications regarding the rejection of the plaint.
1 provisions across 1 enactments
DINESH DAYAL
YOESHWAR DAYAL (SINCE DECEASED THR LRS) & ORS
R.K.GAUBA
As recorded by the court registry
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