VIRENDRA KUMAR MATHUR,6 J. - (1.) This Civil First Appeal under sec.96 CPC was filed against order dated 01.10.2012 passed by Additional District Judge (FT) No.3, Jodhpur Metropolitan in Civil Original Suit No.14/2012 whereby application of respondent-defendants filed under Order 7 rule 11 CPC was allowed.
(2.) This appeal was earlier dismissed by order of this Court dated 02.11.2015. Being aggrieved by the order passed in appeal, the appellant preferred a Special Leave to Appeal before Hon'ble Supreme Court. Hon'ble Supreme Court vide its order dated 12.08.2016 passed in Civil Appeal No.7376/2016 while allowing the appeal partly, remanded the matter back to this Court with direction to dispose of the same as early as possible on merits, preferably within period of 8 weeks from the date of communication of this order.
(3.) Thereafter, this appeal was listed for hearing on merits of application filed by respondent-defendants under Order 7 rule 10 CPC. Learned counsel for the parties took several adjournments and record of original Civil Suit No.14/2012 was also called for and the matter was heard.;