IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CIVIL WRIT PETITION NO. 1157 OF 2009 DATE OF DECISION : September 16, 2009. Parties Name Chander Kala and another ...PETITIONERS VERSUS Gulshan Kumar and another ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE JASBIR SINGH PRESENT: Mr. Gorav Kathuria, Advocate, for the petitioner. Mr. Sameer Sachdeva, Advocate, for respondent No. 1. Mr. Ritesh Khatri, Advocate, for respondent No. 2. JASBIR SINGH, J. (oral) ORDER: This writ petition has been filed to lay challenge to the order dated November 18, 2008, passed by the Civil Judge (Senior Division), Faridabad, in the Mega Lok Adalat. Order passed reads thus: “Case file taken up in the meeting of Mega Lok Adalat. An application for withdrawal of the suit with permission to file the fresh suit has been moved by plaintiff. Their statements have been recorded. Although counsel for the defendant has objected to the permission to file fresh suit but in view of the grounds mentioned in the application necessary permission to withdraw the suit with permission to file fresh suit on same CIVIL WRIT PETITION NO. 1157 OF 2009 -2- cause of action is hereby granted. File be consigned to the record room.” It is grievance of the petitioner that the permission to withdraw the suit has wrongly been given because in view of the objections raised in the written-statement, and documents put on record by the petitioner, the suit filed by the respondents was bound to be dismissed. This Court is not impressed with the argument raised because in that event, opportunity was available to the respondents – plaintiffs to amend their suit. However, instead of doing that, they moved an application to withdraw the previous suit and file a fresh one on the same cause of action. It is also not in dispute that thereafter fresh suit was filed. The petitioner has filed reply therein. After framing of the issues, recording of evidence is in progress. This Court is of the view that by allowing the withdrawal of the suit, no harm was caused to the petitioner. In view of facts, mentioned above, no case is made out for interference. Dismissed. ( Jasbir Singh ) Judge September 16, 2009. DKC