Arun Bhansali, J. - (1.) THIS revision petition is directed against the order dt. 08.02.2010 passed by the trial Court, whereby, the application filed by the petitioner under Order VII, Rule 11 CPC has been rejected. At the outset learned counsel for the petitioner submitted that the trial Court has not dealt with any of the issues raised by the petitioner and by cursorily by observing that the issue raised is mixed question of law and fact, which can be decided only after taking evidence, has rejected the application.
(2.) AFTER having gone through the order impugned passed by the trial Court, it is apparent that without dealing with any of the contentions, the trial Court has rejected the application in a wholly cursory manner by merely observing that the issue raised was mixed question of law and fact and has failed to record any reasons in support of its said conclusion. The nature of the order passed by the trial Court cannot be sustained and the same is, therefore, set aside. The matter is remanded back to the trial Court with a direction to pass a fresh order after hearing the parties. The parties to remain present before the trial Court on the next date already fixed in the suit and it is expected that the trial Court would deal with the application filed by the petitioner expeditiously and would decide the same not later that within a period of two months from the date parties appear before it. With the above direction, the revision petition is disposed of. The stay application also stands disposed of.;