KRISHAN CHAND Vs. OM PARKASH

JUDGEMENT

(1.) Present petition has been filed for setting aside order dated 11.8.2016, passed by the trial Court, rejecting the application filed for restoration of suit after setting aside dismissal of the suit under Order 9 Rules 8 and 9 of the Code of Civil Procedure (for short CPC).

(2.) As provided under Order 43 Rule 1(c) CPC, an appeal lies against the order impugned herein.

(3.) Learned counsel for the petitioner submits that there is no fault on the part of the petitioner and under bonafide belief he was pursuing his cause by assailing the impugned order, by filing present petition. However, now, in view of provisions of Order 43 Rule 1(c) CPC, petitioner intends to prefer an appropriate appeal before the competent Court and, therefore, he seeks permission to withdraw this petition, with liberty to file appeal referred supra.