Civil Revision No.419 of 2010 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Civil Revision No.419 of 2010 Date of Decision:-06.05.2011 Sukhdev Singh. ......Petitioner. Versus Saranjit Kaur & Ors. ......Respondents. CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH. Present:- Mr. Rajesh Khurana, Advocate for the Petitioner. Mr. Avinash Jain, Advocate for the Respondent Nos.1 & 4. Mr. Ranjan Lohan, Advocate for Respondent Nos. 2 & 3. *** JASWANT SINGH, J.(ORAL) Present Civil Revision Petition under Article 227 of the Constitution was filed by the plaintiffs assailing the order dated 06.11.2009 passed by the learned Civil Judge(Junior Division), Chandigarh whereby at the stage of non completion of the evidence of the defendants, plaintiff was directed to affix the Court fee on the application moved under Order 7 Rule 11 CPC by the defendants at that stage. It is apparent that this Court while issuing notice of motion vide order dated 28.01.2010 had declined any interim stay. Civil Revision No.419 of 2010 #2# At the time of hearing today it has been pointed out that during the pendency of the present revision petition, the learned Trial Court had dismissed the suit vide order dated 23.02.2010 for non deposit of the required Court fee within the prescribed time as directed vide order dated 06.11.2009. Admittedly the impugned order dated 6.11.2009 had merged into the final order dated 23.02.2010 which has been subsequently assailed by the petitioners in the appeal filed by them before the learned District Judge, Chandigarh which is stated to be pending. Learned Counsel for the Plaintiff/Petitioner in view of the aforesaid factual position prays for withdrawl of the present revision petition with permission to take all pleas in the pending appeal. Learned Counsel for the respondents have no objection to the same. In view of the aforesaid agreed stand, the present revision petition is dismissed as withdrawn with the liberty to take all pleas before the learned Appellate Court. ( JASWANT SINGH ) JUDGE May 06, 2011 Vinay