1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Revision Application No.49 of 2011 (Harish s/o Gulabrai Dayaramani and another v. Gopichand s/o Jethanand Kukreja and another) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri M.P. Lala, Advocate for Applicants. Shri S.A. Kalbande, Advocate for Respondent No.1. Coram : R.K. Deshpande, J. Dated : 7 th July, 2011 The Trial Court, by its order dated 1-3-2011 passed in Regular Civil Suit No.32 of 2011, has rejected the application filed by the applicants/defendant Nos.1 and 2 under order 7, Rule 11(d) of the Civil Procedure Code. Shri Lala, the learned counsel appearing for the applicants, has invited my attention to the provisions of Section 286(5), 287, 385 of the City of Nagpur Corporation Act and has urged that such a suit is completely barred in view of the said provisions. The Trial Court has held that the suit is not barred by the provisions of law. The applicants should have moved an application for framing a preliminary issue of jurisdiction of the Trial Court to entertain, try and decide the suit, instead of filing an application under Order 7, Rule 11(d) of the Civil Procedure Code. 2 Shri Lala, the learned counsel, therefore, seeks permission to withdraw the application Exhibit 19 with liberty to file an application for framing a preliminary issue of jurisdiction of the Trial Court to entertain, try and decide the suit. Permission is granted to withdraw the application Exhibit 19 with liberty to file an application under Order 14, Rule 1 of the Civil Procedure Code for framing the aforesaid preliminary issue. In view of the withdrawal of the application Exhibit 19, the impugned order passed by the Trial Court does not survive. The civil revision application is dismissed as infructuous. It is, however, made clear that if such an application is made, the Trial Court shall frame a preliminary issue of jurisdiction and try and decide the same without being influenced by the order impugned in this civil revision application. Judge pdl