Sunandan Gupta v. Kanchan Jhamb And ORS.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR-5036-2019 (O&M) Date of decision : 21.12.2022 Sunandan Gupta ... Petitioner(s)

Versus

Kanchan Jhamb & Ors..

... Respondent(s) CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Surinder Singh, Advocate for Mr. Anish Setia, Advocate for the petitioner. Mr. D.S. Walia, Advocate for respondent Nos.1 and 2. ALKA SARIN, J. (ORAL) The present revision petition under Article 227 of the Constitution of India has been filed impugning the order dated 05.07.2019 whereby the combined application filed by the petitioner herein under Order 6 Rule 17 and under Order 1 Rule 10(2) read with Section 151 of the Code of Civil Procedure, 1908 (CPC) has been dismissed inter alia on the ground that the application was not maintainable.

On a pointed query put by the Court as to how a joint application under Order 6 Rule 17 and under Order 1 Rule 10(2) read with Section 151 CPC was maintainable, learned counsel for the petitioner seeks permission to withdraw the present revision petition with liberty to file an application under Order 1 Rule 10 CPC in view of the judgment passed by this Court in the case of Nirmal Singh & Ors. Vs. Tarsem Singh & Ors. YOGESH SHARMA 2022.12.22 09:37 I attest to the accuracy and integrity of this order/judgment.

Chandigarh

CR-5036-2019 (O&M) -2- [2015 (2) RCR (Civil) 679].

Learned counsel for the respondents states that he has no objection.

In view of the above, the present revision petition is dismissed as withdrawn with the liberty aforesaid. Pending applications, if any, also stand disposed off.

21.12.2022 Yogesh Sharma ( ALKA SARIN ) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO YOGESH SHARMA 2022.12.22 09:37 I attest to the accuracy and integrity of this order/judgment.

Chandigarh