IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.226 of 2008 SUKHRAM OJHA Versus BABAN OJHA & ORS ---------- 04/ 09.12.2009 Heard learned counsel for the petitioner. 2. This civil revision has been filed by the plaintiff- petitioner challenging order dated 23.11.2007 by which learned Munsif I, Buxar rejected his application under Order XIV Rule 5 of the Code of Civil Procedure for amendment of issue in Title Suit no. 130 of 2000 which was filed by him for declaration of his title, for declaration that the survey entry in the names of defendants was bad and baseless, as also for confirmation of possession and alternatively recovery of possession as well as other ancillary reliefs with respect thereto. 3. After some argument, learned counsel for the petitioner seeks permission to withdraw this civil revision so that he may file a fresh application in the court below in view of the last line of the impugned order dated 23.11.2007 in which it was observed that the re- settlement or recasting of issues may be considered at the time of final hearing. Hence he submits that now final argument has yet to start and thus he intends to comply the said order and raise the matter before the learned court below. 4. Accordingly, this civil revision is dismissed as withdrawn with the aforesaid liberty. shahid (S.N.Hussain, J)