IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No. 2360 of 2009 Date of Decision: 7.8.2009 Abhey Ram and another ....Petitioners. Versus Mam Chand and another ...Respondents. CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. PRESENT: Mr. R.S. Sangwan, Advocate for the petitioners. None for respondent No.1. Mr. Sukant Gupta, Advocate for respondent No.2. AJAY KUMAR MITTAL, J. In this revision petition filed by the plaintiff-petitioners, the challenge is to the order dated 30.1.2009 (Annexure P-2) passed by the Additional Civil Judge (Senior Division), Charkhi Dadri, whereby the application filed by them for restoration of the suit which was dismissed in default on 6.1.2004, was dismissed. At the very outset, learned counsel for respondent No.2 states that the order dated 30.1.2009 impugned herein is appealable under Order 43 Rule 1 of the Code of Civil Procedure. Confronted with the same, learned counsel for the plaintiff-petitioners states that he may be allowed to withdraw the present revision petition with liberty to approach the lower appellate court to file an appeal challenging the impugned order. CR No. 2360 of 2009 -2- In view of the above, the present revision petition is dismissed as withdrawn. However, it shall be open to the plaintiffs to take recourse to legal remedies available to them in accordance with law. August 7, 2009 (AJAY KUMAR MITTAL) gbs JUDGE