RSA No.2330 of 2007 [ 1 ] IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH ... RSA No.2330 of 2007 Decided on : May 05, 2009 Hari Singh ... Appellant VERSUS Raj Parkash and others ... Respondents CORAM : HON'BLE MR.JUSTICE A.N.JINDAL Present: Mr.Sudhir Aggarwal, Advocate for the appellant. Mr.D.S.Malik, Advocate for the respondents. A.N.JINDAL, J.- Kalia was the owner of the property and he mortgaged the same with Kishan Singh vide mortgage deed dated 3.6.1968. The mortgage deed was signed by Bhagat Ram at the instance of Kishan Singh, his father. Due to misunderstanding that Bhagat Ram had signed the mortgage deed, therefore, Kalia had allegedly paid the amount to Bhagat Ram for getting the land redeemed. Neither Bhagat Ram was competent, nor authorised by Kishan Singh to receive the mortgage money and redeem the land. It was only Kishan Singh, who could receive the mortgage money, therefore, the Trial Court dismissed the RSA No.2330 of 2007 [ 2 ] suit, so as the first appeal. Counsel for the appellant has argued that since it was a usufructuary mortgage and that he had also moved an application for amendment of the plaint seeking redemption of the land, which was also dismissed, therefore, he may be permitted to withdraw the present suit with permission to file a fresh one, on the same cause of action. In the aforesaid circumstances, counsel for the respondents has no objection to the withdrawal of the suit. Consequently, this appeal is accepted. The judgments and decrees passed by the courts below are set aside and the appellant is permitted to withdraw the present suit with permission to file a fresh one, on the same cause of action for redemption of the suit property, subject to payment of Rs.2000/- as costs. May 05, 2009 ( A.N.JINDAL ) `gian' JUDGE