IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1552 of 2009 DWARUKA PRASAD SINGH YADAV …. PETITIONER Versus RAM LAKHAN RAI @ RAM LAKHAN PD & ORS. …. OPP. PARTIES ----------- For the petitioner : Mr. Arun Kumar, Advocate ------- 4 03.09.2010 Office has raised objection that this civil revision would not be maintainable in view of the fact that the appeal lies against the impugned order passed under Order XXII Rule 10 of the Code of Civil Procedure and as such proper remedy would be by filing miscellaneous appeal under Order XLIII Rule 1(l) before the appropriate court. Learned counsel does not contest the Stamp Report and seeks permission to withdraw this civil revision to prefer appeal before the appropriate court. Permission is accorded. This civil revision is dismissed as withdrawn with liberty to the petitioner to prefer appeal before the appropriate court. If such appeal will prefer within 8 weeks from today along with a petition filed under Section 5 of the Limitation Act 2 for condoning the delay taking ground that the petitioner was bona fide prosecuting the civil revision, the same should be disposed of by the concerned court after considering that ground of the petitioner, in accordance with law. Spd/- (Dr. Ravi Ranjan, J.)