C.R. No. 2470 of 2010 -1- ***** IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH C.R. No. 2470 of 2010 Date of Decision : 5.7.2010 Charan Singh & others .......... Petitioners Versus Mohan Singh & others ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. R.S. Chauhan, Advocate for the petitioners. Mr. S.K. Jain, Advocate for respondent No.1. **** VINOD K. SHARMA, J. (ORAL) The learned counsel appearing on behalf of respondent No.1 has raised a preliminary objection, against the maintainability of this revision petition, in view of the availability of alternative remedy of statutory appeal. In support of this contention he has placed reliance on the judgment of this Court in the case of Shamsher Singh and others Vs. Zile Ram and others 2008(1) RCR (Civil) 624. It is well settled law, that the order passed under Order XXI Rule 97 of the Code of Civil Procedure on 3rd party objections in the nature of decree, which is appealable. In view of this preliminary objection raised, the learned counsel for the petitioners wishes to withdraw this revision petition, to C.R. No. 2470 of 2010 -2- ***** avail his remedy of statutory appeal. Dismissed as withdrawn. Liberty granted. In case the appeal is filed within 30 days from today, the learned Appellate Court may take liberal view with regard to condonation of delay as the petitioner was prosecuting his remedy in wrong Forum i.e. by invoking revisional jurisdiction of this Court. 05.07.2010 (VINOD K. SHARMA) 'sp' JUDGE