IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.2756 of 2008 Date of decision: May 13, 2008. Harish Arora ...Petitioner(s) v. Haryana Urban Development Authority & Anr. ...Respondent(s) CORAM:HON'BLE MR. JUSTICE SURYA KANT 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. Present: Shri Gorav Kathuria, Advocate for the petitioner. ORDER Surya Kant, J. - (Oral): This revision petition is directed against the order dated 7.3.2008 passed by the learned Additional Civil Judge (Senior Division), Faridabad whereby an application moved by the petitioner to recall the order dated 29.1.2003, whereby his suit was dismissed as withdrawn, has been dismissed. The petitioner had filed a suit for declaration with consequential relief of permanent injunction against the respondent – HUDA authorities. The said suit was, however, got dismissed as withdrawn by him on 29.1.2003. After the lapse of over three years, the petitioner moved an application on 22.9.2006 for recalling of the order dated 29.1.2003 and to restore his suit. The prayer made by the petitioner was founded upon the allegation that he had withdrawn the suit due to an alleged oral assurance given by the HUDA authorities to the effect that simple interest would be charged from him whereas, after withdrawal of the suit, they are again forcing him to pay compound/penal interest. In the absence of any material, whatsoever, in support of the plea of alleged assurance, learned trial court has declined the petitioner's prayer for restoration of the suit, especially when it was too belated. However, if the petitioner, on the basis of the conduct and/or some other material evidence, is able to prove that the respondents had acted upon in terms of the alleged assurance given to him and have subsequently backed out, needless to say that it would be a subsequent event giving rise to a fresh cause of action in his favour which might prompt him to institute a fresh suit. No final opinion in this regard can be expressed at this stage. With these observations, dismissed. May 13, 2008. [ Surya Kant ] kadyan Judge