IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CR No.5361/2011 Date of decision: 20.12.2011. Smt.Mahadevi ....................Petitioners v. Hari Kishan and others .....................Respondents Coram: Hon'ble Mr.Justice Jaswant Singh Present: Mr.Amit Jain,Advocate for the petitioner. Mr.Sandeep Sharma,Advocate for respondent no.1. Mr.Gunjan Mehta,Advocate for respondent no.3. Jaswant Singh.J.(Oral) Planitiff/petitioner in the present revision petition under Article 227 of the Constitution has assailed the order dated 27.4.2011 (P5) whereby on the application under Order 7 Rule 11 CPC filed by defendant no.3-M/s Sriyatim Land and Housing Pvt.Ltd., for rejection of the plaint, the petitioner/plaintiff has been directed to affix ad valorem court fee. Upon notice counsel for respondent no.1 Hari Kishan and respondent no.3-M/s Sriyatim Land and Housing Pvt.Ltd., point out that on the date the present revision petition was filed, the suit for declaration and permanent injunction filed by the petitioner/plaintiff had already been dismissed in default on 16.8.2011 and thus technically the present revision petition is not maintainable although an application for restoration of the suit had been filed on 1.9.2011, i.e. prior to the filing of the present revision petition. After hearing the learned counsel for the parties due to the technical objection raised by the counsel for respondents, the counsel for the petitioner does not press the present revision petition with liberty to file a fresh one assailing the order (P5) in the event of his application for restoration of his suit being allowed. Dismissed as withdrawn with the liberty aforesaid. 20.12.2011 (Jaswant Singh) joshi Judge