J»- IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR ,lfg CIVIL REVISION No. 12007 ;i?ei ABPLICANT Bhagwati Medical Agency Through:- Partner Dr. Santosh Khandelwal, Ramadhin Marg, Rajnandgaon (C.G.) VERSUS ^ l) k / NON APPLICANTS . ^ 1) GATI Limited >r Branch office Gayatri Colony, SarvodayaNagar, Tatibandh, Raipur. GATI Limited 1,7,293 M.G. Road, Sikandrabad. Manager (Sales and Marketing) B. Bran Medical ( India) Pvt. Ltd. Unit No. 1, 5th floor East Kadrate , the I. L. and F. S. Finance Sector, Bandra Kurla, Complex Bandra ( East) Mumbai 400051 ^" 4) B. Bran Chemical ( India) Ltd. Go down No. 11 Durga Bhat, Niragkari Road Margaon Ponda (Goa) ^^" CIVIL REVISION UNDER SECTION115 OF THE CODE OF CIVIL PROCEDURE. \^f ! ^ 1 r^ ^ } HIGH COURT OF CHHATTISGARH AT BILASPUR Civit Revision No. 48 of 2007 Appticant Non-apDlicants Vs Bhagwati Medical Agency, Rajnandgaon GATI Limited, Raipur and others. Present: Mr. Anup Majumdar, Advocate for the appiicant. Mr. Mukesh Sharma, Advocate for respondents No. 1 & 2. Mr. Jamil Akhtar Lohani, Advocate for respondents No. 3 & 4. ORDER fOrail (28th Juiy, 2011) G. IViinhaluddin; Learned counsej for respondents No. 1 & 2 Shri Muk'esh Sharma, informs that after alEowing the appiication of defendants No.3 & 4 under Order 9 Ruie 13 of the CPC for setting aside the decree, against whjch the present revision has been fited, the triai of the suit had cujminated, resulting in dismissal of the original suit fiied by the present apptjcant/plalntiff. He contends that in view of this, the present revision is not majntainabie as the remedy of fiilng a regular first appeal under Section 96 ofthe CPC has accrued to the present appjicant. 2. This fact has not been controverted by counsel for the appjlcant/piaintiff. 3. Hence, in view of dismissai of the orjginal suit i.e. Civii Suit No.SB/02 in the Court of 1st Additional DJstrict Judge, Rajnandgaon, this revision has become infructuous and not maintainable and js, accordingly, dismlssed. However, the present appiicant shall be at liberty to raise objection to grant of application regarding setting aside of the decree in regular flrst appeai, ifso advjsed. Sd/- G. Minhajuddiii Judge ^