JUDGMENT 1. - The plaintiff - petitioner has filed the present revision petition against the order dated 5.9.2011 whereby the learned Court below rejected the application of the plaintiff under Order 23 Rule 1 C.P.C. dated 5.9.2011 in civil suit No.26/2009 - Smt. Bali Devi v. Shri Dalu and ors. filed for injunction by which the plaintiff prayed that she may be permitted to withdraw the suit with a liberty to file fresh suit. 2. The learned court below has rejected the said application merely on the ground that since the amendment sought in the suit was already rejected under Order 6 Rule 17 C.P.C. by order dated 8.1.2010 and had become final, the plaintiff could not be permitted to withdraw the suit with a liberty to file fresh suit. 3. The learned counsel for the petitioner relying upon the decision of Punjab and Haryana High Court in the case of Kanhaiya Lal and ors. v. Nathu and ors., reported in 1990 Civil Court Cases 47 (P & H) submitted that prayer for withdrawal of the suit with a liberty to file fresh suit could not be refused by the learned court below merely on the ground that her application seeking amendment in the plaint came to be rejected on 8.1.2010. The plaintiff has a right to withdraw the suit and lierty could not be refused on this ground. 4. No body has appeared on behalf of the respondents despite service to oppose these contentions. 5. In view of the judgment relied upon by the learned counsel for the plaintiff - petitioner, the reasons given in the impugned order dated 5.9.2011 cannot be sustained. The said order is liable to be set aside. 6. The plaintiff can withdraw the suit with a liberty to file fresh suit and same could not have been refused merely on the ground that amendment in plaint was earlier rejected by the same Court. 7. Accordingly, this revision petition is allowed and the impugned order dated 5.9.2011 is set aside and the learned court below is directed to re-decide the application under Order 23 Rule 1 C.P.C. in light of the aforesaid. A copy of this order be sent to the learned trial Court as well as the opposite party forthwith.Petition allowed. *******