IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Revision 5002 of 2006. Date of Decision: 29th January, 2008... Ajmer Singh ....Petitioner through Mr. Maharaj Kumar, Advocate Versus Ranjit Singh & Ors. ...Respondents through Mr. Munishwar Puri, Advocate. 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? SURYA KANT,J.(ORAL) This revision petition is directed against the order dated 26.7.2006 passed by learned Civil Judge (Junior Division), Rajpura whereby an application moved by the petitioner for restoration of his petition under Section 14(2) of the Indian Arbitration Act, which was dismissed in default on 31.1.2001, has been dismissed. Learned counsel for the respondents has taken a preliminary objection that the impugned order is appealable in terms of Order 43 Rule 1(d) of the Code of Civil Procedure. It is contended by him that since an order passed under Section 14(2) of the old Indian Arbitration Act is appealable, the impugned order rejecting the petitioner's application for restoration of his petition, which was dismissed in default, squarely falls within the ambit of Order 43 Rule 1(d) of the Code. Civil Revision No. 5002 of 2006. ::-2-:: Learned counsel for the respondents further states that since the petitioner has been bona-fidely pursing his revision petition before this Court, it would be a fit case where the learned Appellate Court should invoke its powers under Section 5 read with Section 14 of the Limitation Act to condone the delay in filing of the appeal. In view of the afore-stated fair stand taken by learned counsel for the respondents, learned counsel for the petitioner seeks permission to withdraw this revision petition with liberty to file an appeal before the learned District Judge. Ordered accordingly. It is directed that in case the petitioner files the appeal within two weeks from today, along with an application under Section 5 read with Section 14 of the Limitation Act, learned Appellate Court shall exclude the period spent by him while pursuing the present petition and shall make an endeavour to decide the appeal on merits after condoning the delay. Disposed of. January 29, 2008. ( SURYA KANT ) dinesh JUDGE