IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 122 CR-6241-2018 Date of decision: 27.03.2025 HIMANSHU SAINI & ANR ..Petitioners Versus ASHWANI KUMAR SHARMA ..Respondent CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: Mr. Mohit Jaggi, Advocate Mr. Sanjeev Gupta, Advocate for the petitioners. Mr. Vijay Lath, Advocate for respondent. ANIL KSHETARPAL, J(Oral) 1. On 17.09.2018, the following order was passed:- “Learned counsel for the petitioner submits that while denying opportunity of filing a fresh suit, the counter claim of the petitioner was ordered to be dismissed as withdrawn though in that application itself liberty was sought for filing a fresh suit. The contention, therefore, is even if liberty is to be denied, in such a situation the application for withdrawing the counter claim should not have been allowed thereby dismissing the counter claim itself. Notice of motion returnable on 22.10.2018. Dasti only. To be shown in the urgent list. Till the next date of hearing, learned trial Court would adjourn the matter to a date beyond the date given by this Court. If notice is not served upon the respondent, the interim order shall be deemed to have been vacated.” 2. Learned counsel for the parties have been heard at length. 3. It is well settled that the consolidated prayer for permission to withdraw the counter claim with permission to file fresh one could not be bifurcated by the trial Court which implies that either both the prayers should have been declined or they should have been allowed. MOHD AYUB 2025.04.01 15:03 I attest to the accuracy and authenticity of this order/judgment. CR-6241-2018 -2- 4. Hence, the impugned order passed on 24.08.2018, dismissing the counter claim as withdrawn shall stand set aside and the counter claim filed by the defendant shall stand restored to its original number. 5. With these observations, the revision petition is allowed. March 27th, 2025 (ANIL KSHETARPAL) Ayub JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No MOHD AYUB 2025.04.01 15:03 I attest to the accuracy and authenticity of this order/judgment.