In the High Court of Punjab and Haryana at Chandigarh Civil Revision No. 3272 of 2007 Date of decision: May 27, 2009 Hakam Singh .. Petitioner Vs. Gurcharan Singh and others .. Respondents Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. Arun Palli, Sr. Advocate with Mr. Jai Bhagwan, Advocate for the petitioner. Mr. Tekwinder Singh, Advocate for the respondents. A.N. Jindal, J This order of mine will dispose of revision petition filed against the order dated 2.4.2007 passed by the Civil Judge (Jr. Division), Patiala, whereby application for filing written statement by the defendant No.2 Hakam Singh has been dismissed on the ground that earlier the plaintiff filed a suit against the respondents including Hakam Singh @ Pritam Singh defendant No.2, but later on, vide statement dated 20.9.2005, he had withdrawn the suit against defendant No.2 and the court had passed the following order :- “Present: Mr. S.S. Sohi, Advocate for plaintiff. Mr. Amit Garg, Adv. For def. No.1, 4, 5, 7. Def. N o.3 & 6 ex-parte. Summons of def. No.2 received back with the report that he has gone abroad. Ld. Counsel for the plaintiff made the statement that he does not want to proceed with the case against def. No.2. In view of the statement, suit against def. No. 2 is dismissed as withdrawn. W/S and reply be filed on behalf of appearing defendants on 28.9.05. Sd/-CJ(JD)/ 20.9.05” Civil Revision No. 3272 of 2007 -2- *** Since the suit against the defendants No.2 i.e. petitioner stands already withdrawn, then question of contesting such suit by the petitioner does not arise irrespective of any pleadings filed by the plaintiff against him. In the aforesaid circumstances, any decree, if passed by the court against the defendant No.2 will not be effective against him in view of the earlier order dated 20.9.2005 passed in the suit. No grounds to interfere. Dismissed. May 27, 2009 (A.N. Jindal) deepak Judge