C.R. No.4530 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.4530 of 2010 Date of Decision: 28.10.2010 Maman ……Petitioner VERSUS Virender @ Pappu and others ……Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH -.- Present: Mr. Sandeep Kumar Yadav, Advocate for the petitioner. Mr. Sandeep Singh, Advocate for the respondents. 1. Whether Reporters of local papers may be allowed to see the judgment? Yes 2. To be referred to the Reporters or not? Yes 3. Whether the judgment should be reported in the Digest? Yes ALOK SINGH, J. (ORAL) 1. Present petition is filed challenging the order dated 25.5.2010 passed by learned Civil Judge (Jr. Division), Charkhi Dadri, whereby application moved by the plaintiff – petitioner herein to withdraw the suit with liberty to file fresh suit was partly allowed and suit was dismissed as withdrawn without any liberty to file fresh suit. C.R. No.4530 of 2010 -2- 2. In the opinion of this Court, law is well settled that once the application is moved seeking permission to withdraw the suit with liberty to file afresh then Court can either dismiss the application or can allow the application in toto. Dismissing the suit without any lib- erty to file fresh suit cannot be said to be justified. 3. In view of this, petition is allowed. Order dated 25.5.2010 is set aside. Learned trial Court is directed to decide the application afresh in accordance with law. ( ALOK SINGH ) 28th October, 2010 JUDGE ashish