Revision petition against the rejection of an application under Order VII Rule 11 CPC was dismissed as withdrawn. The court observed the trial court should frame issues based on the written statement.
Revision petition dismissed as withdrawn; direction to trial court to frame issues based on written statement.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Revision Petition No. 14/2021
Versus
----Respondents
For Petitioner(s) : Mr. Muktesh Maheshwari. For Respondent(s) :
HON'BLE MR. JUSTICE ARUN BHANSALI Order
17/03/2021
This revision petition has been filed against the order dated 23.12.2020 passed by Additional District Judge, Suratgarh, Sri Ganganagar, whereby, the application filed by the petitioner under Order VII Rule 11 CPC has been rejected.
Learned counsel for the petitioner seeks withdrawal of the revision petition, however, submits that as the written statement has already been filed and all the issues raised in the revision petition have already been raised in the written statement, the trial court may be directed to frame issues on the said aspects and decide the same.
In view of the submissions made, the revision petition is dismissed as withdrawn.
(2 of 2)
[CR-14/2021]
As the petitioner has already raised submissions in the written statement, it is expected of the trial court to frame issues on the said aspect and decide the same in accordance with law.
As the application has been rejected at the stage of Order VII Rule 11 CPC i.e. based on the averments contained in the plaint, while deciding the issues to be framed, the same would not influence the decision on the issues.
(ARUN BHANSALI),J
4-pradeep/-
1 issue framed by the court
Whether the revision petition should be dismissed as withdrawn despite submissions requesting the framing of issues.
1 provisions across 1 enactments
Ravi Khurana
Leeladhar
Harendra Kumar
Mallu Ram Swami
Iqbal Singh
Arun Bhansali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
