IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2302 of 2006 BHAGALPUR MUNICIAPL CORPORATION through Chief Executive Officer, Bhagalpur Municipal Corporation Bhagalpur Defendant 2nd party- petitioner Versus 1. Md.Mohsin Ali @ Md Mohsin S/o Late Sujait Ali 2. Md Furkan Ali S/o Md Anwar Ali 3. Md Shahzad Alam S/o Md Shahbaz Alam 4. Md Wasi Alam S/o late Md Akbar Alam 5. Md Razzaque S/o Md Doman All resident of Mohalla Sahebganj PO Champangar P.S.Tatarpur Dist Bhagalpur Plaintiffs- Opposite parties 6. Sanjay Poddar S/o Late Bhola Poddar 7. Prakash Poddar S/o Late Moona Poddar 8. Kanchan Poddar S/o Prakash Poddar All resident of Mohalla Sahebganj PO Champangar P.S.Tatarpur Dist Bhagalpur Defendants Ist Party- Opposite 2nd Party ----------- For the petitioner: Manoj Kumar Sinha, Advocate -------------- 2 04.09.2009 After some argument, learned counsel for the petitioner seeks permission to withdraw this civil revision to raise this issue by filing a fresh application before the court below if in future the plaintiffs withdraw the suit completely or in part or abandon the suit. This civil revision is dismissed as withdrawn. In the impugned order dated 8.11.2006, it is clearly recorded that the plaintiffs had neither withdrawn nor abandoned the suit and as such there was no question of allowing the prayer of the petitioner under Order XLIII Rule 1(A) of the Code of Civil Procedure for his transposition as - 2 - plaintiffs in the suit concerned. However, if such occasion arises subsequently and if a petition under Order XLIII Rule 1(A) of the Code of Civil Procedure is filed by this petitioner before the court below, the same should be disposed of by the court concerned in accordance with law without being prejudiced by this order. shahid (Dr. Ravi Ranjan, J)