SAO No.8 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH SAO No.8 of 2008 Decided on : 09.02.2010 Prem Singh ... Appellant versus Ami Lal & others ... Respondents CORAM : HON'BLE MR. JUSTICE AJAY TEWARI Present : Mr. R.S.Sangwan, Advocate for the appellant. Mr. Jagat Singh, Advocate for the respondents. **** 1.To be referred to the reporters or not? 2.Whether the judgment should be reported in the Digest? ***** AJAY TEWARI, J. (ORAL) This appeal has been filed against the order dated 15.11.2007 whereby the appeal of the appellant was permitted to be withdrawn. Learned counsel for the appellant has stated that the statement made by the counsel for the appellant was to the effect that he may be allowed to withdraw his suit as well as the appeal and that either the application should have been allowed as a whole or rejected as a whole but that it was not open to the ld. Appellate Court to allow one part of the application and thereby dismissing his appeal as having been withdrawn while not permitting him to withdraw the suit. In these circumstances, he states that it would be in SAO No.8 of 2008 -2- the interest of justice if the order dated 15.11.2007 is set aside and his appeal is allowed to prosecute on merits. Learned counsel for the respondent has no objection in this regard. In these circumstances, this appeal is allowed and the order dated 15.11.2007 is set aside and the lower appellate court is directed to decide the appeal on merits. Ld. Distt. Judge may either keep this on his own board or mark it to some other bench. Parties are directed to appear in person before All. Distt. Judge, Bhiwani on 09.03.2010. February 09, 2010 (AJAY TEWARI) sonia JUDGE