1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CIVIL REVISION APPLICATION NO. 43/2011 (M/s. Shital RCC Pipe Industries thr. its partner vrs. Smt. Kanta Sursh Mahant) ................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................... Shri V.S.Kukday, counsel for petitioner Shri A.S.Jaiswal, counsel for respondent ... CORAM : R. K.DESHPANDE, J. DATED : 28th APRIL, 2011. This revision application challenges the order dated 24.02.2011 passed by the learned 3rd Joint Civil Judge, Senior Division, Nagpur, below Exh. 36. By this order, the application filed by the applicant under Section 9A of CPC for rejection of suit as barred by the principle of res-judicata has, been dismissed. After hearing the learned counsel for the parties for some time, Shri Kukday, the learned counsel appearing for the applicant/defendant sought permission of this Court to withdraw the application Exh.36 on which the order has been passed by the trial Court, which is impugned in this application. Shri 2 Jaiswal, the learned counsel appearing for the respondent has no objection for it. In view of this, the applicant is permitted to withdraw the application Exh.36. As a result of this, the revision application has become infructuous. The same is dismissed. In view of the fact that the applicant has already filed written statement, it will be open for the applicant to file separate application as contemplated by Order 14, Rule 2 of C.P.C. for framing the issue of jurisdiction or that of res judicata as preliminary issue and none of the observations made by the trial Court in the order impugned in this application shall come in the way of the applicant. With the aforesaid observation, the Civil Revision Application is dismissed. No orders as to costs. JUDGE Rvjalit