1 F.A. No.861/2011 Date: 7.12.2011 Shri D.C. Patel, learned counsel for the appellants. O R D E R 1/ By filing this first appeal, the appellants have challenged the judgment and decree passed by the 10th Additional District Judge, Indore in Civil Suit No.2A/2011. 2/ According to the appellants, an application under order 23 Rule 1 & 2 read with Section 151 of the CPC was filed by the appellants/plaintiffs on 19.9.2011 seeking leave to withdraw the suit with liberty to challenge the impugned action of the respondents before the Debt Recovery Tribunal, Jabalpur. It is stated that by the impugned judgment and decree though the application has been allowed and the suit was dismissed as withdrawn, but there is no mention of liberty as sought for in the application under order 23 Rule 1 & 2 read with Section 151 of the CPC. 3/ Having considered the submissions made by learned counsel for the appellants, we find that the defect pointed out by the appellants in the impugned order can 2 be very well rectified by the trial Court, in case the appellants file an appropriate application before the trial Court. 4/ In the circumstances, we dispose of this appeal with the liberty to the appellants as aforesaid. 5/ We expect that on such application being submitted by the appellants before the trial Court within three weeks from today, the trial Court shall consider and decide it in accordance with law on merits and shall make appropriate observations about liberty, and shall not dismiss it on the ground of limitation. 6/ With the aforesaid direction, this appeal stands disposed of . C.C. as per rules. (SHANTANU KEMKAR) (PRAKASH SHRIVASTAVA) JUDGE JUDGE Trilok/-