CR No.753 of 2009 - 1 - HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CR No.753 of 2009 Date Of Decision: 02.09.2009 **** Jalandhar Singh Lineman PSEB . . . . Petitioner VS. PSEB and others . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. R.K. Singla, Advocate for the petitioner Mr. Sukhbir Singh, Advocate for the respondents **** SURYA KANT J.(ORAL) The petitioner-plaintiff is aggrieved at the order dated 14.11.2008 passed by Civil Judge (Senior Division), Bathinda whereby his application to withdraw the civil suit with liberty to file a fresh one, on the same cause of action, has been disposed of by dismissing the suit without any liberty to file fresh one on the same cause of action and rather with a cost of Rs.3000/-. Notice of motion was issued and in pursuance thereto, counsel for the parties have been heard. Counsel for the respondent-Board is unable to defend the impugned order which cannot sustain in law for the reason that the Civil Court could at the best dismiss the petitioner’s application and decline him permitting to file a fresh suit on the CR No.753 of 2009 - 2 - same cause of action. It could not have dismissed the suit itself thereby rendering the petitioner remediless. For the reason afore-stated, the Revision Petition is allowed; the impugned order dated 14.11.2008 is set aside and the trial Court is directed to restore the petitioner’s civil suit to its original number and file. The trial Court shall proceed with the said suit in accordance with law. Parties are directed to appear before the trial Court on 12.10.2009. Dasti. (SURYA KANT) JUDGE 02.09.2009 shonkar