(1.) Learned Counsel for the parties are ready for final disposal of this mater, as learned Counsel for the Respondents submits that he does not want to file any reply on behalf of the Respondents and he wants to argue the matter for final disposal as the proceedings of the trial Court is stayed on account of filing of this writ petition.
(2.) Heard.
(3.) The Petitioner has filed this writ petition being aggrieved by the order passed by the 4th Civil Judge Class-II, Durg dated 2-12-2004 whereby learned court below has rejected the application filed by the Plaintiff/Petitioner under Order 18 Rules 17 of the Code of Civil Procedure on the ground that the application has been filed just to delay the proceedings of the suit.