IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.R. NO.1741 OF 2009 DATE OF ORDER: 30.3.2009 The Kandi Friends Educational Trust ....Petitioner(s) Versus Jaspal Singh and others ....Respondent(s) CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Girish Agnohotri, Senior Advocate with Mr. Vijay Pal, Advocate for the petitioner. JASWANT SINGH, J. (ORAL) Petitioner-plaintiff No.1, through its newly appointed Chairman Dr. G.S. Chahal, has challenged orders dated 16.2.2009 (Annexure P.6) passed by the learned Civil Judge (Jr. Division), Chandigarh whereby the application moved by G.S. Chahal under Order 22 Rule 10 read with Section 151 CPC for withdrawal of the suit on behalf of the petitioner- plaintiff No.1 has been dismissed. At the time of arguments, learned counsel appearing for the petitioner-plaintiff No.1 does not press all the pleas taken but restricts his prayer only to the observation made in the impugned order qua the earlier resolution dated 27.10.2003 to the effect “Moreover, the resolution dated 27.10.2003 is still in existence and the same has not been declared illegal, null and void by any court.” Learned counsel apprehends that these observations might come in the way while consideration of the objection regarding the legality of the resolution passed on 27.10.2003 at the time of decision of the suit, therefore, prays that the petitioner-plaintiff No.1 would be satisfied if the issue qua the same is ordered to remain open for C.R. NO.1741 OF 2009 #2# consideration at the final stage of decision of the suit. After hearing learned counsel for the petitioner, in my opinion, the apprehension is misconceived. Learned Court has merely observed a factual position existing by that date and not decided the issue of legality of the resolution dated 27.10.2003. Needless to say if the arguments based on pleading/issues framed regarding the legality of the aforesaid resolution are addressed at the final stage, the Court is bound to decide the same in accordance with law. With the above observation, petition stands disposed of. March 30, 2009 ( JASWANT SINGH ) manoj JUDGE