D.B. CIVIL SPECIAL APPEAL (W) NO.338/2009 DATE OF ORDER : 29.07.2009 HON'BLE MR. JUSTICE A.M. KAPADIA HON'BLE MR. JUSTICE DEO NARAYAN THANVI Mr. Suresh Shrimali, for the appellant. Heard learned counsel for the appellant. Though, this Special Appeal has been restored to its original number but the learned Single Judge has rightly passed the order on 25.7.2007 by not interfering in the peremptory order dated 13.07.2007, whereby, the petitioner was directed to remove the defects pointed out by the registry within a period of one week and in the event of failure to do so, the appeal shall automatically stand dismissed without reference to the Court. Having perused both these orders and also the order under challenge in the writ petition, we find no merit in the writ petition as well because the writ petition was filed against the order dated 04.08.2005 passed by the Addl. District Judge, Banswara on an application filed by the appellant-petitioner under Section 152 of the Civil Procedure Code for determining the rate of interest, which has already been adjudicated upon in the S.L.P. before the Hon'ble Supreme Court. The learned trial court has rightly observed that once the matter has been adjudicated upon in the revision, appeal and also in the S.L.P. before the Hon'ble Supreme Court, it cannot be re-adjudicated and disposed of on an application filed under Section 152 of the Civil Procedure Code. In view of the above, this Special Appeal lacs merit and the same is accordingly dismissed summarily. (DEO NARAYAN THANVI), J. (A.M. KAPADIA), J. ms rathore