IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2143 of 2007 1. DAMODAR PRASAD @ DAMODAR MAHTO, 2. Akhilesh Prasad @ Akhilesh Mahto both sons of Late Dukh Haran Mahto, R/o Ranipur, P.S. Mehandiganj, District Patna ………….. Defendants - Petitioners Versus DEODUTT MAHTO, So of Late Ram Kishore Mahto, R/o Noon Ka Chauraha, P.S. Khajekalan, District Patna. ……Plaintiff .. Opposite Party ----------- For the petitioner : Anil Kumar Dwivedi ----- 2 02.04.2010 After some argument learned counsel for the petitioners seeks leave to withdraw this civil revision. Leave is granted. The civil revision is dismissed as withdrawn. However, learned counsel for the petitioners submits that issues are yet to be framed in this suit, if that is so, the order of rejection of the petition of the defendants-petitioners under Order VII Rule 11 of the Code of Civil Procedure shall not preclude him from suggesting the issue of limitation and other issue, which the defendant had raised in his written statement, at the time of framing of issues. If such issues are suggested on behalf of the 2 defendants-petitioners, the Court concerned shall consider the same in accordance with law while taking the decision on framing of issues. Spd/- (Dr. Ravi Ranjan, J.)