CR No.4979 of 2009 - 1 - HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CR No.4979 of 2009 (O&M) DATE OF DECISION: 13.11.2009 **** Chotta Singh and others . . . . Petitioners VS. Bachittar Singh and others . . . . Respondents **** 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? **** Present: Mr. Jasbir Rattan, Advocate for the petitioners ***** SURYA KANT J.(ORAL) (1). The petitioner-defendants are aggrieved at the order dated 15.06.2009 passed by the learned Additional District Judge, Sangrur, whereby, the respondent- plaintiffs, who were in appeal before the First Appellate Court, have been permitted to withdraw the Civil Suit with liberty to file a fresh suit after completion of the proper demarcation of the property in dispute. The above-stated order has been passed by the First Appellate Court on a concession given by one of the contesting-defendants. CR No.4979 of 2009 - 2 - (2). The petitioners’ grievance is that no such concession was given by them and, therefore, the respondent- plaintiff ought not to have been permitted to withdraw the Civil Suit with liberty to file a fresh one on the same cause of action. It is urged that the respondent- plaintiff would indulge in frivolous litigation under the garb of the impugned order. (3). Having heard learned counsel for the petitioners and considering the fact that the impugned order has been passed on the basis of concession given by the petitioners’ co-defendant, who too was contesting the suit, I do not deem it appropriate to interfere with the impugned order. Suffice it to observe that the frivolity of litigation, if any, at the instance of the respondent- plaintiffs can be suitably checked by the Civil Court by imposing exemplary costs, if it is found that the Civil Suit filed by the said respondent-plaintiffs is actually frivolous and vexatious. (4). Dismissed. (5). Dasti. (SURYA KANT) JUDGE 13.11.2009 vishal shonkar