CR-778-2026 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-778-2026 (O&M) Date of decision: 10.03.2026 Narayani Devi now deceased through her LRs and others ...Pe**oners Versus Smt. Kanta Devi and another ...Respondents CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA Present: Mr. Mukesh Kumar Verma, Advocate for the pe**oners. **** DEEPAK GUPTA, J. (ORAL) Civil Suit as filed by the pe**oner was dismissed in default on 14.11.2017 by learned Addi*onal Civil Judge (Senior Division), Bawal, in the presence of counsel for the defendant. Though, it is not specifically men*oned that the dismissal in default was under Order 9 Rule 8 CPC, but it is obvious that when nobody is appearing for the plain*ff and the defendant/counsel is present then the dismissal is under Order 9 Rule 8 CPC. 2. Applica*on for restora*on was moved, but the same had been dismissed by the trial Court vide order dated 28.03.2025, which is now assailed by way of the present revision. 3. A?er arguing for considerable *me, learned counsel for the pe**oner points out that in fact the impugned order is appealable as per Order 43 Rule 1 CPC. Therefore, he wants to withdraw this pe**on with liberty to avail the appropriate remedy. 4. In view of the aforesaid submissions made by learned counsel, the present revision is hereby disposed of as withdrawn with liberty to the pe**oner to avail the appropriate remedy. In case, an appeal is filed as contemplated under Order 43 Rule 1 CPC, the concerned Court shall deal with the same purely in accordance with law. 10.03.2026 (DEEPAK GUPTA) Yogesh JUDGE Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No YOGESH MEHTA 2026.03.10 16:41 I attest to the accuracy and integrity of this document