!! 1 !! IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL REVISION PETITION NO.130/2009 (Harendra Pal Singh Vs. Shri Shanti Lal Rathore) Date of order :: 11.05.2009 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.Manish Pitaliya, for the petitioner. Heard learned counsel for the petitioner. The application filed by the petitioner under Order 7 Rule 11 CPC has been rejected by the learned trial court while observing that no such plea was taken by the petitioner in the written statement filed by him in the suit filed by the plaintiff. Learned counsel for the petitioner submits that either petitioner may be permitted to incorporate the grounds in the written statement by way of allowing amendment application in the written statement or the suit itself may be !! 2 !! dismissed while accepting the application under Order 7 Rule 11. At this juncture without interfering in the impugned order dated 03th March, 2009, I deem it just and proper to grant liberty to the petitioner to file an application before the learned trial court for incorporating the grounds taken in the application filed under Order 7 Rule 11 in the written statement. Upon filing such application, the learned trial court shall consider and decide the same in accordance with law. With these observations this revision petition is disposed of. (GOPAL KRISHAN VYAS), J. A.K. Chouhan/- A.K. Chouhan/-