IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Revision No.7123 of 2008 (O&M) Date of Decision : 04.12.2009. Nachhattar Singh and others .....Petitioners versus Amrik Singh and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.Vishal Aggarwal, Advocate, for the petitioners. Mr.H.P.S.Ghuman, Advocate, for the respondents. -.- 1. Whether Reporters of Local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? --- ORDER Surya Kant, J. (Oral) This revision petition is directed against the order dated 4.12.2008 passed by the Civil Judge (Junior Division), Nabha, whereby the respondents have been permitted to withdraw their suit with liberty to file a fresh one on the same cause of action. The respondents have filed a suit for permanent injunction to restrain the petitioner-defendants from encroaching upon the passage passing through some specific khasra numbers described in the head note of the suit. As there was a typographical mistake regarding one of the khasra numbers, the respondent-plaintiffs moved an application for amendment in the plaint but the same was declined. Left with no option, C.R. No.7123 of 2008 (O&M) 2 they moved an application to withdraw the suit with liberty to file a fresh one on the same cause of action. The said prayer has been accepted by the trial Court vide the impugned order dated 4.12.2008, giving rise to this revision petition. I have heard learned counsel for the parties and perused the impugned order. In my considered view, the Civil Court has not exceeded its jurisdiction in permitting the respondents to withdraw the suit and file a fresh one on the same cause of action as the typographical mistake regarding the khasra number in the previous suit was a formal defect and cannot be said to be a lapse on the part of the plaintiff-respondents when they have specifically disclosed the khewat, khatauni and other khasra numbers of the suit land. No interference with the impugned order is called for by this Court in exercise of its revisional jurisdiction. Dismissed. 04-12-2009 (SURYA KANT) Mohinder JUDGE