High Court of Punjab and Haryana, Chandigarh
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M/s.Sham Lal Aggarwal & Co. & another v. Balraj Bhandari & Ors - CR-388-1999  RD-P&H 1248 (28 February 2006)
Case No. : C.R.No.388 of 1999
Date of Decision : March 01, 2006.
M/s.Sham Lal Aggarwal & Co. & another .... Petitioners Vs.
Balraj Bhandari & others .... Respondents Coram : Hon'ble Mr.Justice Viney Mittal.
* * *
Present : Mr.S.S.Joshi, Advocate
for the petitioners.
Mr.Vivek Suri, Advocate
for the respondents.
JUDGMENT (Oral) :
At the outset, Shri S.S.Joshi, learned counsel appearing for the petitioners states that the main civil suit filed by the plaintiff-petitioners, may be permitted to be withdrawn with a liberty to them to file a fresh suit on the same cause of action, in accordance with law.
Shri Vivek Suri, learned counsel appearing for the respondents has no objection to the aforesaid prayer of the plaintiffs being allowed.
In view of the aforesaid agreement between the learned counsel for the parties, the main suit filed by the plaintiff-petitioners, before the Addl. Civil Judge (Senior Division), Khanna, bearing Civil Suit No.87 of May 02, 1998, is permitted to be withdrawn with liberty to the plaintiff- petitioners to file a fresh suit, on the same cause of action, in accordance with law.
It is further directed that if any such suit is filed by the plaintiff- petitioners, then the defendants would be at liberty to take all such C.R.No.388 of 1999 : 2 :
objections in the written statement as are available to them, in accordance with law.
Since the main suit itself has been ordered to be withdrawn on behalf of plaintiff-petitioners, the present revision petition has been rendered infructuous and is disposed of , accordingly.
March 01, 2006 ( VINEY MITTAL )
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