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Judgment
Rekha Borana, J
An application has been filed on behalf of the appellant with a prayer seeking withdrawal of the present appeal with a liberty to file application under Order 9 Rule 13, CPC before the learned trial Court and to file a fresh appeal, if occasion so arises.
A perusal of the impugned judgment and decree reflects that the same was passed ex-parte. Neither the notices in the present appeal have been issued yet nor any caveat has been filed on behalf of the respondents. Hence, the permission for withdrawal of the present appeal is granted with a liberty to move an application under Order 9 Rule 13, CPC before the Court below.
However, it is made clear that issue of limitation and all the issues on merits would be open to be raised by the respondents before the Court below and the present liberty would not be taken to be a liberty for relaxation of the period of limitation. The same would be decided on its own merits.
With the above observations, the present writ petition is dismissed as withdrawn with liberty as aforementioned.
Stay petition and all pending applications, if any, also stand dismissed.