Civil Revision No..5561 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No..5561 of 2010 Date of Decision: 13th July,2011. Balwinder Kumar ...Petitioner Versus Mohinder Singh and Another ...Respondents CORAM: HON'BLE MS. JUSTICE NIRMALJIT KAUR Present: Mr.O.P.Gupta Advocate for the petitioner. Mr.Baldev Singh Advocate for respondent No.1. * * * Nirmaljit Kaur, J.(Oral) This revision petition has been filed against the order dated 22.07.2010 passed by Sh.Rakesh Singh, learned Additional Civil Judge (Senior Division), Panchkula vide which the suit of the petitioner-plaintiff was dismissed as withdrawn on the basis of an application moved by the petitioner-plaintiff. Learned counsel for the petitioner contends that the plaintiff had moved an application for withdrawal of the suit with permission to file fresh. However, the same was dismissed as withdrawn but no permission to file fresh was given. It is contended that either the said application should have been accepted in toto i.e it should have been dismissed as withdrawn with liberty to file fresh or the Court could have exercised its discretion to dismiss the said application but should have been proceeded to decide the suit on merits thereafter. Learned counsel for the respondent No.1 has no objection if the said order is set aside and the matter is remanded back to learned Civil Revision No..5561 of 2010 2 Additional Civil Judge (Senior Division), Panchkula for deciding the same on merits. In view of the above, order dated 22.07.2010 is set aside and the matter is remanded back to the learned Additional Civil Judge (Senior Division), Panchkula to decide the suit on merits. The petition stands disposed of. (Nirmaljit Kaur) 13th July, 2011. Judge Seema-II