Civil Revision No.6907 of 2008 -1- ***** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.6907 of 2008 Date of decision: 10.2.2009 M/s Kashi Ram Mohan Lal. ...Petitioner Versus Kirpal ...Respondent CORAM: HON'BLE MR. JUSTICE S.D.ANAND. Present: Mr. B.S.Mittal, Advocate for the petitioner. S.D.ANAND, J. None has entered appearance on behalf of the respondent inspite of service. The plaintiff-petitioner announced to the Court that he want to withdraw the suit, with liberty to file a fresh one on the same cause of action. Learned Trial Court allowed the former part of the request but declined the latter part thereof and ordered the dismissal of the main suit itself. The approach adopted by the learned Trial court was not in accord with law. If the learned Trial Court was not inclined to grant liberty to the plaintiff-petitioner to file a fresh suit on the same cause of action against, it could have declined that part of the request but then it had to compulsively proceed to dispose of the suit on merits thereof. A similar view was obtained by a Coordinate Bench of this Court (Vinod Kumar Sharma, J.) in a judicial pronouncement reported as Samunder Singh and others Vs. Phool Singh and others 2007 (1) RCR Civil Revision No.6907 of 2008 -2- ***** (Civil) 195. The petition shall stand allowed. The impugned order 6.8.2008 shall stand set aside. Learned Trial Court is directed to dispose of the suit on the merits thereof. February 10, 2009 (S.D.Anand) Pka Judge