Judgment · High Court

HON'BLE MR.JUSTICE DALIP SINGH Mr.B.C.Rawat, for the appellant. Mr.J.R.Tantia, for the respondent No.1. ***** Learned counsel for the respondent has raised an objection that this misc. appeal is not maintainable since against the order of learned trial court dated 19.07.2006 dismissing the application under Order 9 Rule 13 C.P.C., a misc. appeal under Order 43 Rule 1 C.P.C. was filed before the learned court below which was decided by the learned Additional District Judge, Behrod Camp at Bansur District, Alwar by the impugned order dated 05.09.2006 and, therefore, this second misc. appeal against the order dated 05.09.2006 is not maintainable. In view of the above, learned counsel for the appellant seeks leave of this court to withdraw this appeal with liberty to file revision petition against the impugned order. The prayer is allowed. The appeal is consequently dismissed as withdrawn with liberty to the appellant to prefer revision petition, if so advised. The appellant will be entitled to seeks condonation of delay in accordance with law. The Registry is directed to return the certified copy of the impugned order after retaining a photostat copy of the same on the record. In view of the above, the application for early listing the case dated 04.03.2008 stands disposed of. (DALIP SINGH),J. Solanki DS, Jr.P.A.