IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1272 of 2007 JOKHAN SINGH @ RAM KUMAR SINGH & ORS .. PETITIONERS Versus MOSTT.PATRKI KUER & ORS …… OPPOSITE PARTIES ----------- For the petitioner: M/S M.P.Bhasti, Shakti Suman Kumar & Shailendra Kumar , Advocates ------ 3 16.02.2010 Heard learned counsel for the petitioner. It is fairly stated on behalf of the petitioner that this civil revision arises out of an order passed in Miscellaneous Appeal by the Additional District and Sessions Judge affirming the order passed by the trial court under Order 39 Rule 1 of the C.P.C., thus, this civil revision may not be maintainable in view of the laid down by the Apex Court in Surya Dev Rai v. Ram Chander Rai and others, reported in (2003) 6 Supreme Court Cases 675. However, it is submitted that in view of the aforesaid decision of the Apex Court, the proviso to Section 115(1) of C.P.C. cannot take away the right of the petitioner to challenge the impugned order in a properly constituted writ petition under Article 227 of the Constitution of India. Learned counsel for the petitioners seeks 2 permission to withdraw this application to avail any other remedy available under law. In the above view of the matter, the Civil Revision is dismissed as withdrawn. Spd/- (Dr. Ravi Ranjan, J.)