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Judgment
Vivek Singh Thakur, J
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 & 9 of the Code of Civil Procedure (for short CPC).
As provided under Order 43 Rule 1(c) CPC, an appeal lies against the order impugned herein.
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.
Accordingly, this petition is permitted to be withdrawn, as prayed, with liberty to the petitioner to file an appropriate appeal within one month from
today, with an application under Section 5 read with Section 14 of the Limitation Act.
As present Revision Petition was filed within limitation, therefore, time spent in pursuing the matter in present Revision Petition deserved to be
excluded for the purpose of calculation of limitation period. The application, if so filed under Limitation Act, shall be considered by the Court
sympathetically, keeping in view the fact that there is no fault on the part of the petitioner in pursuing the matter in this Revision Petition.
Present petition is dismissed as withdrawn and disposed of alongwith pending application, if any.