IN THE HIGH COURT OF JUDICATURE AT PATNA
C.R. No.676 of 2006
KAILASH PRASAD
Versus
RAGHUNATH SARAN & ANR
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2 11.7.2008 After some arguments, Counsel for the petitioner seeks permission
to withdraw this application in view of the fact that the Court below has in
the same order itself first part has debarred the petitioner by striking off his
defence against ejectment in view of non-compliance of the order under
Section 15 of the Act.
Counsel for the petitioner further submits that unless that part of
order is set aside, he cannot effectively maintain his present civil revision
application against the second part of the order refusing amendment in his
written statement. He therefore seeks permission to withdraw this
application with a liberty that if his prayer for striking off his defence is
modified/recalled/set aside by a competent Court, he may be allowed to file
his fresh civil revision application against the second part of the order.
This Court without expressing any opinion on such submission of
the Counsel of the petitioner would accord leave to withdraw his application
with the aforementioned liberty.
Accordingly, this application is permitted to be withdrawn.
Rsh (Mihir Kumar Jha, J.)