Civil Revision No. 1084 of 2007 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 1084 of 2007 Date of decision: 25.05.2009. Ranbir Singh ...Petitioner Versus Smt. Sukhwati and others ...Respondents CORAM: HON'BLE MR. JUSTICE S.D.ANAND. Present: Mr. Sudhir Aggarwal, Advocate for the petitioner Mr. Gourav Sharma, Advocate for the respondents ***** S.D.ANAND, J. The plaintiff-petitioner applied for the leave of the Court to dismiss the suit as withdrawn, with liberty to file a fresh suit on the same cause of action. The learned Trial Court dismissed the suit as withdrawn but declined leave to file a fresh suit on the same cause of action. The grievance of the plaintiff-petitioner is that request made by him had to be granted or declined in toto. There is force in the plea on behalf of the plaintiff- petitioner. The plea had to be accepted or negatived as a package. If the learned Trial Court found that the liberty to file a suit on the same cause of action was not to be granted, it could give that option Civil Revision No. 1084 of 2007 -2- **** to the plaintiff-petitioner to make an offer of withdrawal simpliciter. In that case, the ball would have been in the Court of the plaintiff- petitioner, He could take it or leave it. If he agreed, the suit could have been dismissed as withdrawn, without liberty to file it afresh on the same cause of action. The trial Court could not split the total package, decline liberty to file a fresh suit on the same cause of action and dismiss the suit as withdrawn. In the light of the foregoing discussion, the petition shall stand allowed. The impugned order shall stand set aside. The learned Trial Court also was not justified in imposing the costs of Rs.1000/- for committing abuse of process of law. That part of the order shall also stand set aside. The suit shall not be deemed to have been dismissed as withdrawn. It has to be necessarily disposed of in accordance with law. The parties, through their learned counsel, are directed to appear before the learned Trial Court on 4.6.2009. May 25, 2009 (S.D.Anand) Pka Judge