R.S.A. No. 4310 of 2003 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A. No. 4310 of 2003 Date of decision: 16.03.2010 Jamna Dass and others ....Appellants versus Mani Ram and others ....Respondents CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: - Mr. I.K. Mehta, Sr. Advocate, with Mr. M.S. Kohli, Advocate, and Mr. Arun Jain, Sr. Advocate, with Mr. J.S. Chandail, Advocate, for the appellants. Mr. C.B. Goel, Advocate, for respondents No.1 to 4. Mr. R.S. Mittal, Sr. Advocate, with Mr. Atul Gaur, Advocate. *** VINOD K. SHARMA, J. (ORAL) The suit filed by the plaintiff/respondents, did not disclose any individual right of the plaintiffs to have been affected, nor the suit was filed in a representative capacity. The suit in public interest could be filed under Section 92 of the Code of Civil Procedure. The suit as framed was liable to be dismissed, on technical grounds of maintainability. The learned counsel for the plaintiff/respondents, therefore, prays that they may be permitted to withdraw the suit with liberty to avail any other remedy in accordance with law, if so available. R.S.A. No. 4310 of 2003 -2- Learned counsel for the appellants do not oppose the prayer made by the learned counsel for the plaintiff/respondents. Consequently, the judgment and decree passed by the learned Courts below is set aside, and the suit of the plaintiffs is ordered to be dismissed as withdrawn, with liberty as prayed. Appeal disposed off. (Vinod K. Sharma) Judge March 16, 2010 R.S.