CWP No.1882 of 1999 (O&M).doc IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.1882 of 1999 (O&M) Date of decision : 12.05.2010 Balwant Singh Sodhi ...Petitioner Versus Punjab State Electricity Board, Patiala …Respondent CORAM : HON’BLE MR. JUSTICE AJAY KUMAR MITTAL **** Present: Mr. H S Saini, Advocate, for the applicant-petitioner. Mr. P S Thiara, Advocate, for the non-applicant-respondent. **** AJAY KUMAR MITTAL, J. (ORAL) CM No.4637 of 2010 This is an application under Section 151, Code of Civil Procedure, seeking permission to withdraw the writ petition with liberty to file a fresh one on the same cause of action. It has been stated in the application that the petitioner is pressing his claim only for counting his past service rendered with the Military Engineering Services (MES) from 12.12.1965 to 20.6.1970 but inadvertently, he could not implead the MES as party-respondent. The petitioner has prayed that he may be allowed to withdraw this writ petition with liberty to file a fresh one on the same cause of action by impleading the proper parties and amending the prayer as the present one suffers from technical defects and non-joinder of necessary parties. 1 CWP No.1882 of 1999 (O&M).doc Notice of this application was issued to the learned counsel for the non-applicant respondent. Mr. P S Thiara, Advocate, has put in appearance on behalf of the non-applicant-respondent and states that he has no objection if the prayer made in the application is granted. In view of the facts as noticed above, the application is allowed, subject to all just exceptions and the petitioner is allowed to withdraw the present writ petition with liberty to file a fresh one on the same cause of action. CWP No.1882 of 1999 At the joint request of the learned counsel for the parties, the main case is taken up for hearing. In view of the order of even date passed in CM No.4637 of 2010, the writ petition is dismissed as withdrawn with liberty to the petitioner to file a fresh one on the same cause of action with better particulars. May 12, 2010 (AJAY KUMAR MITTAL) atulsethi JUDGE 2