-1- IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Revision Petition No.15 of 2010 Brajmohan Dhoot son of late Shri Dwarka Prasad VERSUS Ashok Garg son of Shri Dwarka Das Garg Date of Order :::: March 10th 2010 Hon'ble Mr. Justice Dalip Singh Mr. Jitendra Singh, Counsel for the Petitioner *** By the Court : Heard learned counsel for the petitioner. Perused the impugned order by which the application submitted by the defendant-petitioner under Order 7 Rule 11 C.P.C. has been rejected by the learned trial Court. The case of the defendant-petitioner was that no cause of action arose to the plaintiff, as alleged by the plaintiff in his plaint. It is also the case of the defendant-petitioner that the amount of Rs.5.20-lacs (approximately) stood repaid by the defendant-petitioner on various dates under the various amount paid by cheque as well as cash. That is a matter, which can best be decided at trial on the basis of appreciation of evidence recorded during trial. Since, the learned trial Court has already recorded the evidence of the parties and the case is fixed for final arguments, I find no reason to interfere with the impugned order at ths stage. -2- It may be observed here that the learned trial Court shall decide the issues, which have been framed in the suit on the basis of the evidence and material before it without being influenced by the findings in the impugned order dated 21.01.2010 or the fact that this Court has not entertained the revision petition filed by the defendant- petitioner against the said order. Subject to the above, the revision petition and the stay application stand disposed of. (Dalip Singh), J. Ashok/