C.R. No.3792 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.3792 of 2010 Date of Decision: 26.10.2010 Narinder Jeet Singh ……Petitioner VERSUS Shanti Devi and others ……Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH -.- Present: Mr. Parminder Singh, Advocate for the petitioner. Mr. Raman Sharma, Advocate for respondent No.2. Mr. Atul Kaushik, Advocate for Mr. Pankaj Maini, Advocate for respondent No.3. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? ALOK SINGH, J. (ORAL) 1. Learned Counsel for the petitioner states that suit filed by the plaintiff-respondent No.3 herein is not maintainable in view of the abandonment of the rights by the plaintiff in the previous suit. Learned Counsel for the petitioner further states that defendant/peti- C.R. No.3792 of 2010 -2- tioner has already taken this plea in the written statement. Learned Counsel for the petitioner further states that he has every legal right to press the issue that suit of the plaintiff is not maintainable in view of the abandonment of the rights by the plaintiff in the previously in- stituted suit. He further states that present petition be disposed of with liberty to raise that issue before the learned trial Court. 2. Present petition is disposed of with liberty to the petitioner to raise plea of non-maintainability of the suit before the learned trial Court and learned trial Court shall decide that issue without being prejudice with the impugned order at its own merit in accordance with law. ( ALOK SINGH ) 26th October, 2010 JUDGE ashish