IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.811 of 2010 (O&M) Date of decision: 8.2.2010 Satbir Gautam ......Petitioner(s) Versus Suresh Chander & others ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. Gurinderjit Singh, Advocate for the petitioner. Rakesh Kumar Garg, J.(Oral) CM No.2999-CII of 2010 Application is allowed subject to all just exceptions. CR No.811 of 2010 This is defendant's revision petition challenging the impugned order dated 27.11.2009 whereby his application to set aside the ex parte order 25.2.2008 has been dismissed. An order passed under Order 9 Rule 13 CPC rejecting the application (in a case open to appeal) to set aside the ex parte decree is appealable under Order 43 Rule 1(d) CPC. Faced with this situation, learned counsel for the petitioner wishes to withdraw the present petition with liberty to the petitioner to seek an appropriate remedy available to him in accordance with law. With the aforesaid liberty, this petition is ordered to be dismissed as withdrawn. February 8, 2010 (RAKESH KUMAR GARG) ps JUDGE