IN THE HIGH COURT OF JUDICATURE FO RRAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER 18.11.2008. S.B. CIVIL REVISION PETITION NO.134/2008 HON'BLE MR. JUSTICE DALIP SINGH Shri R.K. Daga, for the petitioner. Shri B.D. Agarwal } Shri Prahlad Sharma} for the respondent. Heard learned counsel for the parties. This revision petition has been filed against the order dated 13.8.2008 passed by the learned trial court by which the application under order 7 rule 11 C.P.C. filed by the petitioner has been dismissed on merits. It has been pointed out that the case is ripe for hearing after recording the evidence by both the sides and the case fixed for final argument on 27.11.2008. In the facts and circumstances of this case I am not inclined to interfere with the impugned order at this stage. The trial court is free to proceed with trial and hear final arguments and decide the case on merits. In case however, the petitioner is aggrieved by the ultimate judgment and decree that may be passed it would be open for the petitioner to raise these grounds in any appeal that he may prefer against the judgment and decree of the learned trial court, in case such need arises. It is however made clear that the dismissal of this revision petition is not an expression of any opinion on the merits of the order impugned passed by the learned trial court or on merits of the case. The appellate court, in the event, the appeal is filed by the petitioner would be free to decided the question raised before it in accordance with law without being influenced in any manner on account of dismissal of this revision petition. Subject to the above, this revision petition as well as the stay application are disposed of. (DALIP SINGH),J. Ramchandrkhatri,PS