IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH CR No.4452 of 2006(O&M) Date of decision March 17, 2009 Narotam Singh and another ....... Petitioner Versus Gram Panchayat of Village, Khunde Halal ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. I. S. Brar, Advocate for the petitioner. Mr. Arshdeep Singh Sibia, Advocate for respondent No.1. **** K. Kannan, J (oral). 1. For the reasons stated in the application, the delay in filing the appeal is condoned. 2. The application for execution was filed under Order 21 Rule 32 CPC on the ground that the undertaking which the judgment debtor had given had flouted. I was shown through the alleged terms of the decree. I find that it was a case where the plaintiff was withdrawing the suit on the basis of a statement made by the defendant. When the suit is dismissed as withdrawn in law there is no executable decree. The plaintiff may have independent remedy against the breach of undertaking given by the defendant but he cannot treat the decree as set aside and seek enforcement of the undertaking if the suit that ultimately got dismissed the plaintiff could not have the remedy before the trial Court and that dismissal of the petition is unexceptional. 3. The revision petition is dismissed. (K. KANNAN) JUDGE March 17, 2009 archana