Rajasthan High Court - Jaipur
Overseas Healthcare vs Anil Kumar Sharma on 5 July, 2011
Author: Dinesh Maheshwari
Bench: Dinesh Maheshwari
33 S.B.CIVIL REVISION PETITION NO.143/2004. Overseas Healthcare Pvt.Ltd. & Anr. Vs. Anil Kumar Sharma Date of Order :: 5th July 2011. HON'BLE MR.JUSTICE DINESH MAHESHWARI Mr. Arif Madani, for the petitioner. Mr. L.L.Gupta, for the non-petitioner. <<>> BY THE COURT:
The learned counsel Mr. L.L.Gupta appearing for the non-petitoner makes a mention and submits that according to his instructions, the original civil suit itself was dismissed in default about two years back and application for its restoration has not been moved yet.
This revision petition is directed against the order dated 09.08.2004 whereby the learned Trial Court has rejected the application moved by the defendant-petitioner under Order VII Rule 11 CPC.
In view of the submissions made on behalf of the non-petitioner that the original suit itself has been dismissed in default and restoration has not even been applied for, the revision petition as at present could only be treated as infructuous and redundant; and there appears no reason to continue with the same.
The petition is, therefore, required to be dismissed but with the observations in the interest of justice that in case any proposition for restoration of the suit is taken up for consideration; and if at all the suit is restored, dismissal of this revision petition shall not be of any prejudice for the parties in taking recourse to appropriate remedies in accordance with law in relation to the subject matter of this revision petition.
With the observations foregoing, this revision petition stands dismissed. No costs.
(DINESH MAHESHWARI), J.
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