IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.M. No. 18808-CII of 2009 and CR No. 5859 of 2008 Date of Decision: 13.8.2009 Pollu ....Petitioner. Versus Sultan Singh and another ...Respondents. CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. PRESENT: Mr. Krishan Singh, Advocate for the petitioner. Mr. K.S. Banayana, Advocate for the respondents. AJAY KUMAR MITTAL, J. C.M. No. 18808-CII of 2009 This is an application under Section 151 of the Code of Civil Procedure for placing on record the affidavit. The affidavit filed along with the application is taken on record. CM stands disposed of accordingly. C.R. No. 5859 of 2008 In this revision petition filed under Article 227 of the Constitution of India, the plaintiff-petitioner has challenged the order dated 16.9.2008 (Annexure P-4) passed by the trial court, whereby the application filed by him for restoration of the suit was dismissed. Under the provisions of Order 43 Rule 1 (c) of the Code of C.R. No. 5859 of 2008 -2- Civil Procedure, an appeal lies against an order rejecting an application (in a case open to appeal) to set aside the dismissal of suit in default. Learned counsel for the petitioner states that he may be allowed to withdraw the instant revision petition with liberty to challenge the said order by way of an appeal before the lower appellate court. In view of the above, the present revision petition is dismissed as withdrawn. It shall, however, be open to the petitioner to take recourse to legal remedies in accordance with law . August 13, 2009 (AJAY KUMAR MITTAL) gbs JUDGE