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W.P.No.9044/10
Smt.Kesari Bai Dashmabai & others
20.7.2010
Shri K.B.Bhatnagar, Counsel for petitioner.
This petition is directed against an order dated 30.6.2010 by
Additional Civil Judge Class-II, Dindori in Civil Suit No.20-A/09 by which
application filed by the petitioner under Section 11 of the Code of Civil
Procedure, 1908 was dismissed.
After arguing the matter, learned counsel for petitioner submitted
that he may be permitted to withdraw this petition with liberty to file an
application seeking an amendment in the written statement.
Prayer is allowed.
This petition is dismissed as withdrawn with liberty as prayed.
From the perusal of the record, we find that plaintiff’s evidence
has already been recorded by the trial Court and the case is fixed for
recording defendants’ evidence. In these circumstances, on filing
aforesaid application, the trial Court shall consider the application on its
merits, in accordance with law.
No order as to costs.
C.C. as per rules.-
(Krishn Kumar Lahoti) (Sanjay Yadav)
Judge Judge
C.