HC at Jodhpur dismissed an S.B. Civil Revision Petition as infructuous because the original suit returned under CPC Order 7 Rule 10 made the challenged Section 91 CPC order moot pending revival.
Revision petition dismissed as infructuous.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S. B. Civil Revision Petition No. 146/2019
----Petitioners
Versus
----Respondents
For Petitioner(s) : Dr. Sachin Acharya
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
19/11/2019
Learned counsel for the petitioners submits that during the pendency of the present revision petition, the application preferred by the petitioners-defendants under Order 7 Rule 11 of C.P.C. has been decided and the original suit has been returned back while exercising the powers under Order 7 Rule 10 of C.P.C. In these circumstances, the petition challenging the order passed
(2 of 2)
[CR-146/2019]
by the learned trial court on the application preferred under Section 91 of C.P.C. has become infructuous.
The revision petition is, accordingly, dismissed as infructuous at this stage.
Needless to say, any further proceedings in the main suit will revive the cause of action for moving the appropriate application by the petitioners under Section 91 of C.P.C.
(VINIT KUMAR MATHUR),J
40-Inder/-
Siddharth Mehta
Technocrat Housing Cooperative Society
Rajendra Kumar Dashora
Nazmudeen
The State of Rajasthan
Urban Improvement Trust, Udaipur
VINIT KUMAR MATHUR
As recorded by the court registry
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