CM No.28121-C of 2009 in CR No.5962 of 2009 Present: Mr.Kailash Chander, Advocate for the petitioners. Mr. Raman Sharma, Advocate for the applicants-respondents. **** This is an application for modifying the order dated 15.10.2009. The said order is reproduced here below: “Learned counsel states that in a pending suit one application under Order 8 Rule 1 CPC was filed on 07.10.2008 and another application under Order 15 Rule 5 CPC was filed on 06.12.2008. Thereafter, the matter was referred to the District Mediation Centre but since that could not succeed it was referred back to the Court on 16.04.2009. The prayer made is that the applications of the petitioners should be decided expeditiously. In my opinion, the request made cannot be termed to be unreasonable. In the circumstances, this petition is disposed of with a direction to the ld. Trial Court to decide these applications either on the date fixed viz 04.11.2009 or, if the same cannot be so decided, to ensure that the same are decided on the next date which may be fixed in this case.” Learned counsel for the applicant (non-petitioner) has stated that the applicant had also filed a prior application under Section 10 of CPC which was not brought to the notice of this Court. It is further stated that application under Section 10 should be first decided because in case that application is allowed then the applications filed by the non-applicant(petitioner) would be rendered infructuous. Learned counsel for the non-applicant/petitioner has CM No.28121-C of 2009 in CR No.5962 of 2009 -2- fairly conceded that this would indeed be the position in law. He however, points out that before the ld. Trial Court this prayer was made and Trial Court did grant opportunity to the applicant to first argue the application under Section 10 but the applicant preferred to move this revision petition. Be that as it may in view of the agreement of the learned counsel, this application is allowed and the order dated 15.10.2009 is modified to the extent that the ld. Trial Court would first decide the application under Section 10 and then, if necessary decide the applications filed by non-applicant/petitioner. This application is thus, allowed. December 09, 2009 (AJAY TEWARI) sonia JUDGE