WlSR' ,^,i'T^iTr ? 8V NOTIFICATION N0.9960/D-2870'XX(-' B/C.G^OS AS SPECIFIED W SCriEDiX.E I& H OF THE COURT FEES ACT 1 a'O. IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH CIVILREVISION N0. ^^ /201Q PETITIONER ,-(Defendant no. 2) State ofChhattisgarh Through : The Collector (Excise), Rajnandgaon (C.G) VERSUS RESPONDENTS /tPlaintiff^^^^ CF^'^' ^.\'^ ^^•::^^ Defendant No. 1) Mohd. Shakur @ Haji Bhai '" S/o Haji Bashir, Age 37 years, Address: Opposite Netaji Ataa Chakki Noorani Chowk, Near Masjid Maudhapara Raipur (C.G) G.P. Prajapati, S/o Bhabhooti Prajapati, Excise Sub-Insp.ector, Circle Dongargarh, District Rajnandgaon (C.G) (2) CIVIL REVISION_U/S'115 OF THE CODE OF CIVIL PROCEDURE /ARISING OUT OF THE ORDER IN OltDERSHEET DATED ^29/09/2009 PASSED BY THE^SDITIONAL DISTRICT JUDGE, FAST TRACK COURT, RAJNANDGAON IN CIVIL SUIT N0. ^^3-B/2009 ^'.^A"^ /'^•^ '^ &; r IIQH COURT OF CHHATTiSSARH AT BiLASPUR CiVii Revislon No. 3S of 2010 APPLiCANT (Defendant No.2) RESPQNDENTS State of Chhattisgarh Versys Mohd. Sahakur @ Haji Bai and anr. CiVLL REVSSON UNDER SEC7ION 11S OF THEC.P.C. iB: Hon'ble ?.1r. N.K. AaarwaS. J.j Piresent : Mr. G.D. Vaswani, G.A. for the State/appiicant. Mr. Shashibhushan, counsel for respondents. ORAL ORDER (14.11.2011) Heard on I.A. No.1/2010which isan appiication for condonation of deiay in filing the revision. 2. On due consideration, ! am satisfied that the applicant Is succeeded in explaining the cause of delay !n filing the revision and, therefore, the appiication {I.A.No. 1/2010} is aiiowed. Deiay in fi!jng the revision Is condoned. 3. Heard on admission. 4. Instant civH revision is directed against the order dated 29.09.2009 passed by Additiona! District Judge (Fast Track Court), Rajnandgaon in Civit Suit No.3-B/2009 whereby and whereunder the appiicant's application fi!ed under Order 7 Rute 11 of CPC for dismissal of the suit has been dismissed. 5. Shri G.D. Vaswani, Govt. Advocate of the State/apphcant submits that on the ground raised in the appjication, the trial Court has aiready framed issues, which wiii be decided on its own merit by the triai Court, therefore, the revision has novv become infructuous. 6. !h view of above, the civil revision is dismissed as having become infructuous. Ko»vever,the tria! Court Is directed to decidc the issues framed by it in the case in accordance witKiaw__on_Jtej3wn merits Vi?ithout being influenced by order impugned. Sd/- N.K. Agarwa! Judge