IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2067 of 2008 SMT. PURNIMA DEVI PODDAR @ SMT. PURNIMA DEVI Versus ALOK KUMAR AGRAWAL & ANR ----------- 2. 11.12.2008 Surendra/ Heard counsel for the petitioner. In the opinion of this Court if the plaintiff has not filed the memorandum dated 20.8.1978 alongwith the plaint and has not complied the provisions of Order 7 Rule 14 C.P.C., such objection ought to have been taken by the petitioner, the defendant in the suit, before filing of the written statement. The suit having proceeded to an advanced stage of hearing, this Court is not inclined to interfere with the impugned order. However, rejection of this civil revision application would not mean that the said issue in terms of Order 4 Rule 1(3) cannot be raised by the petitioner by way of preliminary issue in terms of Order 14 Rule 2 C.P.C. It is expected that if the petitioner raises this issue by way of preliminary issue the same would be gone into and adjudicated in accordance with law. With the aforementioned observation, this application is dismissed. (Mihir Kumar Jha,J.)