DARSHINIBAHEN ALIAS ASHUTOSH PATEL Vs. JAGDISHBHAI KANAIYALAL VAKIL

JUDGEMENT

(1.) THE present Appeal from Order under Order XLIII Rule 1 of the Code of Civil Procedure, has been preferred by the appellant - original plaintiff to quash and set aside the impugned order dated 9th January,2008 passed by learned Chamber Judge, Court No. 5, below Notice of Motion in Civil Suit No. 1888 of 2006, by which, the learned Chamber Judge has dismissed the Notice of Motion submitted by the appellant - original plaintiff.

(2.) MR. C. H. VORA, learned advocate appearing on behalf of the appellant does not press this Appeal from Order and has requested to make suitable observation to direct the Trial Court to decide and dispose of the Suit in accordance with law and on the basis of evidence and without being influenced by the order passed below Notice of Motion.

(3.) IN view of the above, the present Appeal from Order is dismissed as not pressed. It goes without saying that any observation made by the learned Chamber Judge in the order passed below application Exh-5 be treated as tentative while passing the order below Exh-5. Trial Court is directed to decide and dispose of the Suit in accordance with law and on merits and without being influenced by the order passed below Notice of Motion.