Jasbir Singh v. Canara Bank And ANR

CR No.7059 of 2016 (O&M) {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CR No.7059 of 2016 (O&M) Date of decision:21.10.2016 Jasbir Singh ... Petitioner Vs.

CANARA Bank and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. Nishant Arya, Advocate, for Mr. S.K.Verma, Advocate for the petitioner.

AMIT RAWAL J. (Oral) Petitioner-plaintiff is aggrieved of the impugned order dated 09.08.2016 (Annexure P-5), whereby, an application under Order 7 Rule 11 of Code of Civil Procedure (hereinafter referred to as "CPC") for rejection of the plaint moved by the respondent/defendant No.1, has been allowed. Once the plaint has been rejected, it is the decree as per the provisions of Section 2(2) CPC and therefore, remedy is by way of filing an appeal, thus, revision petition is not maintainable. At this stage, learned counsel for the petitioner seeks permission of the Court for withdrawal of the present revision petition with liberty to avail the remedy of appeal.

Savita 2016.10.25 13:54 I attest to the accuracy and integrity of this document High Court Chandigarh

CR No.7059 of 2016 (O&M) {2} In view of the aforementioned statement made by learned counsel for the petitioner, the present revision petition is ordered to be dismissed as withdrawn with the liberty aforesaid. (AMIT RAWAL) JUDGE October 21, 2016 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No Savita 2016.10.25 13:54 I attest to the accuracy and integrity of this document High Court Chandigarh