IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.637 of 2007 Sipahilal Ravidas S/o Late Tetar Das resident of Chhoti Keshopur P.O. Jamalpur Dist Munger Plaintiff- petitioner Versus 1. The State of Bihar through Collector Munger 2. Munni Devi W/o Late Srinath Ravidas @ Shriram Ravidas 3. Suraj Kuma S/o Late Srinath Ravidas @ Shriram Ravidas Both resident of Mohalla Belhat P.O. & P.S. Meza Town Dist. Allahabad, Uttar Pradesh 4. Madan Lal Ravidas Son of Late Darogi Ravidas 5. Ramvaran Paswan S/o Medni Paswan 6. Mundrika Das Dhusia S/o Mahavir Ravidas 7. Ashok Kumar S/o Deo Narayan Ravidas All resident of Chhoti Keshopur P.O. Jamalpur P.S. Jamalpur Dist. Munger Defendants- Opposite parties ----------- For the petitioner: Mr Pankaj Moijorwar, Advocate --------- 02 09.10.2009 Heard learned counsel for the petitioner. 2. This civil revision has been filed by the plaintiff- petitioner challenging order dated 28.12.2006 passed in Title Suit no. 83 of 1996 (28/2004) by which learned Munsif II, Munger rejected his petition under Order 1 rule 10 read with Order VI Rule 17 of the Code of Civil Procedure for deleting the names of performa defendants, namely, opposite party nos. 4 to 7 as they were using dilatory tactic and did not allow early disposal of the suit. 3. The aforesaid suit was filed in the year 1996 by the plaintiff- petitioner for declaration of his title and confirmation of possession with respect to the suit land and also for other ancillary reliefs. The suit was contested by the main defendants namely defendant nos. 1 to 3 and accordingly issues were framed. It is also apparent that the plaintiff had duly adduced his evidence whereafter his evidence was closed but the defendants specially performa - 2 - defendants were not allowing the suit to proceed nor were they producing any witness due to which the proceeding of the suit was being unnecessarily delayed and hence the plaintiff was forced to file the aforesaid application. 4. After some argument, learned counsel for the petitioner seeks permission to withdraw this civil revision. The prayer is allowed. Accordingly, this civil revision is disposed of as withdrawn with a direction to the learned court below not to allow defendants to adopt dilatory attitude and delay of the disposal of the suit and they should be asked to produce all their evidence immediately and their witnesses must be examined forthwith on day to day basis without any adjournment. As the suit is already 13 years old, the learned court below shall expedite the disposal of the suit, preferably within a period of six months from the date of receipt/production of a copy of this order. shahid (S.N.Hussain, J)