IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1165 of 2006 SHASHI RAMA DEVI Versus BINDESHWAR PRASAD & ORS With C.R. No. 2006 of 2008 SHASHI RAMA DEVI Versus BINDESHWAR PRASAD & ORS. ----------- 6 05.03.2009 Heard Mr. Sindheshwari Prasad Singh, learned Senior Counsel for the petitioner. After marathon arguments for two days, learned Senior Counsel realises that the issues on which the application for rejection of plaint was filed was beyond and such the scope of Order VII Rule 11 of the Code of Civil Procedure and the appropriate remedy for the petitioner could be filing an application under Order XIV Rule 2 of the Code of Civil Procedure. This Court without expressing any opinion on such submission of learned Senior Counsel, would only give liberty to the petitioner to raise the issue before the Court below with regard to maintainability of the suit within the ambit of Order XIV Rule 2 of the C.P.C. with an observation that the Court below will decide the same strictly in accordance with law and in the light of the materials on record without being prejudiced by any of its earlier order. - 2 - Accordingly, both the applications are permitted to be withdrawn with the aforementioned liberty. Bibhash (Mihir Kumar Jha, J.)