IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- SPL. APPL. WRIT No. 971 of 2008 JOGENDRA V/S SURENDRA KUMAR KOTHARI & ORS Mr. BK BHATNAGAR, for the appellant / petitioner Date of Order : 24.10.2008 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI KISHAN SWAROOP CHAUDHARI,J. ORDER ----- Heard learned counsel for the appellant and perused the impugned order. An application was filed under section 32 of the Rent Control Act, 2001 before expiry of 180 days, prescribed therein. The application was not decided by the learned trial court for more than 90 days, inasmuch as, the application was filed on 27.9.2003 and was decided on 14.1.2004. Thus, by the time the application was decided and the plaintiff was allowed to withdraw the suit, 270 days had already expired. Obviously, in such circumstances, when the plaintiff filed the suit afresh on 16.2.2004, in our view, the learned courts below were right in declining to dismiss the suit under Order 7 Rule 11 CPC. The appeal has no force and the same is, therefore, dismissed summarily. ( KISHAN SWAROOP CHAUDHARI ),J. ( N P GUPTA ),J. /m.asif/