CMPMO 414 of 2008 15.10.2008 Present: Shri G.R. Palsra, Advocate, for appellant. The petitioner herein is in appeal against the order passed by the learned Civil judge (Junior Division), Court No. II, Mandi dismissing the application filed by the petitioner herein seeking permission to withdraw the suit under Order 23 Rule 1 (3) with liberty reserved to file a fresh suit on the same cause of action. When this petition was taken up for admission, learned counsel appearing for petitioner submits that he has instructions to withdraw the suit. In this view of the matter, this petition does not survive. The suit pending in the Court of learned Civil Judge (Junior Division), Court No. II, Mandi out of which the present proceedings arises is ordered to be dismissed as withdrawn. This petition also stands disposed of. October15, 2008(ms) (Dev Darshan Sud), J.