CR No.5442/2011(O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CR No.5442/2011(O&M) Date of decision: 07.09.2011. Anant Sehgal ....................Petitioner v. M/s New Kissan Rice Mills .....................Respondent Coram: Hon'ble Mr.Justice Jaswant Singh Present: Mr.Sumit Jain,Advocate for the petitioner. Jaswant Singh.J.(Oral) Petitioner/plaintiff has filed the present revision petition under Article 227 of the Constitution assailing the order dated 18.8.2011 (P1) whereby the application filed by him for recalling PW-4 Amarjit Singh for his cross examination, which was inadvertently left out before the closing of the evidence, has been dismissed by the trial court. After arguing for sometime and realising that for recalling of the witness the application under Section 151 CPC is not maintainable as the proper remedy would be to file an application under Order 18 Rule 17 CPC, learned counsel for the petitioner prays for withdrawal of the present revision petition. He further prays that since the CR No.5442/2011(O&M) 2 application under Section 151 CPC itself was not maintainable, liberty may be granted to file an appropriate application to be decided in accordance with law. In view of the statement made by the learned counsel for the petitioner, the present revision petition is dismissed as withdrawn with liberty as prayed for. It is clarified that the petitioner/plaintiff shall be at liberty to move an application under Order 18 Rule 17 CPC, if so advised and the same shall be decided by the learned trial court in accordance with law. It is further clarified that the trial court shall be at complete liberty to decide the application, so moved, without being influenced by any observation made hereinabove. 07.09.2011 (Jaswant Singh) joshi Judge