C. R. No. 245 OF 2007. ****** Joginder Ram & another vs Kartar Singh & others Present : Mr.A.S.Jattana, Advocate for the petitioners. Mr.Rakesh Nagpal, Advocate for the respondents. ******* Prayer in this revision petition is for setting aside the order, dated 20.11.2006, passed by the learned Additional Civil Judge (Sr. Division)-cum-S.D.J.M, Guhla, dismissing an application for permission to withdraw the civil suit with liberty to file a fresh one. Counsel for the petitioners contends that the suit suffers from a formal defect, as during the pendency thereof, the petitioners were dispossessed by the respondents. It is submitted that the respondents' possession has been confirmed by the local commissioner, who submitted his report on 10.9.2003. Counsel for the respondents, on the other hand, submits that there is no formal defect or sufficient ground to allow withdrawal of the suit with liberty to file a fresh one. It is submitted that in case a fresh cause of action has accrued to the petitioners, they would be at liberty to file a fresh suit, subject, however, to the respondents' rights to raise objections, in accordance with law. I have heard counsel for the parties and perused the impugned order. The petitioners filed a suit for permanent injunction, based upon their title. During the pendency of the suit, they alleged that the respondents had dis-possessed them. The learned trial Court appointed a C.R.No.245 of 2007 : 2 : local commissioner, who submitted a report evidencing the fact that the respondents were in possession. The respondents, however, asserted that they were in possession of the suit land for the last 50 years and had constructed their houses thereon. On the aforementioned facts, the petitioners sought withdrawal of the suit with liberty to file a fresh one. As counsel for the petitioners has failed to point out any formal defect or sufficient ground to allow withdrawal of the suit, with liberty to file a fresh one, the impugned order does not warrant interference. Consequently, this revision petition is dismissed. However, if a fresh cause has accrued to the petitioners, they would be at liberty to file a fresh suit, subject, however, to the right of the respondents to raise objections, in accordance with law. ( RAJIVE BHALLA ) January 25, 2008. JUDGE `kk'