JUDGMENT 1. - By the interim order dated 23.2.2011, the rejection of application under Order 7 Rule 11 C.P.C. of defendant - petitioner has already been upheld by this Court. The order dated 23.2.2011 reads as under: "Heard the counsel and perused the material placed on record. So far rejection of the application moved by the defendant - petitioner under Order 7 Rule 11 CPC is concerned, this Court is satisfied that the learned Trial Court has not committed any jurisdictional error therein and no case for interference is made out. However, the submission made in addition, rather in the alternative, on behalf of the petitioner against the other part of the order impugned whereby the right of filing written statement has also been closed, it appears appropriate to consider this matter to that extent. Let notice be issued to the non-petitioners to show cause as to why this revision petition be not admitted and disposed of in relation to such part of the order impugned where the right of filing the written statement has been closed. Let notice on the stay application be also issued. It is informed by the learned counsel that the matter is fixed in the trial Court on 28th inst. Having regard to the facts and circumstances of the case, it is considered appropriate and hence ordered that if on the next date of hearing before the Trial Court, i.e. on 29.02.2011, the petitioner files written statement and also offers an amount of Rs. 5,500/- towards costs to the plaintiff and the plaintiff accepts such costs, the Trial Court may take the written statement on record and proceed further in the trial. However, if the plaintiff raises any objection in adopting of this procedure, the Trial Court shall record such objection and in that event, further proceedings in Civil Suit No.12/2008 shall remain stayed." 2. So far as other prayer for taking the written statement on record subject to payment of cost of Rs. 5500/- is concerned, the learned counsel for the petitioner submitted that he has deposited the cost as imposed by this Court and therefore, it is believed that written statement has been taken on record. 3. Therefore, nothing remains in this revision petition and the same is accordingly disposed of as having become infructuous. No order as to costs.
5500/- is concerned, the learned counsel for the petitioner submitted that he has deposited the cost as imposed by this Court and therefore, it is believed that written statement has been taken on record. 3. Therefore, nothing remains in this revision petition and the same is accordingly disposed of as having become infructuous. No order as to costs. A copy of this order be sent to the trial Court as well as opposite party forthwith.Revision Disposed of. *******