IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No. 16100-CII of 2008 and CR No. 4420 of 2008 Date of Decision: 29.10.2009 Hardayal Singh and another ....Petitioners. Versus Prem Chand and others ...Respondents. CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. PRESENT: Mr. K.S. Boparai, Advocate for the petitioners. None for the respondents. AJAY KUMAR MITTAL, J. C.M. No. 16100-CII of 2008 Allowed as prayed for. C.R. No. 4420 of 2008 In this revision petition filed under Articles 227 of the Constitution of India, the plaintiff-petitioners have challenged the order dated 8.8.2005 (Annexure P-1) passed by the trial court vide which the application filed by them under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure was dismissed and on appeal thereagainst, that order was affirmed by the lower appellate court vide order dated 4.4.2007. Learned counsel for the petitioners states that the suit out of which the instant revision has arisen has been dismissed in default. C.R. No. 4420 of 2008 -2- However, an application for restoration of the suit has been filed which is pending before the trial court. In view of the above, the present revision petition does not survive as the suit out of which the revision petition has arisen has been dismissed in default. Accordingly, the present revision petition is disposed of as having been rendered infructuous. However, liberty is granted to the petitioners to file an application for revival of the revision petition in case the suit is restored by the trial court. October 29, 2009 (AJAY KUMAR MITTAL) gbs JUDGE