IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6789 of 2010 Ram Autar Prasad @ Ram Autar Sah S/O Late Timal Prasad R/O Vill Jadopur Shukla, P.S.Yadopur, Distt-Gopalganj Versus 1. The State Of Bihar Represented Through District Magistrate Gopalganj 2. The Circle Officer Gopalganj 3. Ram Naresh Prasad S/O Late Nema Prasad R/O Vill Yadopur Shukla, P.S.Yadopur, Distt-Gopalganj ----------------- 04/ 16.09.2011 Mr. Ranjeet Kumar, learned counsel appearing on behalf of the petitioner and learned counsel for the State are present. The writ petition has been filed challenging the order dated 30.1.2010, passed in T.S. No. 300 of 2001, whereby the learned Additional Munsif, Gopalganj while considering the application filed by the plaintiff-petitioner under Order 6 Rule 17 of the Code of Civil Procedure (hereinafter referred to as the ‘Code’), together with a petition filed under Order 1 Rule 10 of the Code as well as upon consideration of the application filed by the defendant- respondent no. 3 under Order 14 Rule 2 of the Code, has been pleased to dismiss the suit on the preliminary issue of maintainability and, at the same time, has also rejected the two petitions filed by the petitioner. Learned counsel for the petitioner submits that he may be permitted to withdraw the writ petition with a liberty to challenge the impugned order to the extent, whereby his suit has been dismissed by the learned court below on the preliminary issue, by way of an appeal under the provisions of the Code and with a further liberty to raise the issues concerning the rejection of his 2 application(s) filed under Order 6 Rule 17 and Order 1 Rule 10 of the Code at the appropriate stage i.e. after restoration of his suit. Permission is allowed. The writ petition is disposed of with the liberty aforesaid. Needless to add that upon any such appeal being filed by the petitioner assailing the order dismissing the suit on the preliminary issue, together with a petition for condonation of delay, the same may be considered and disposed of in accordance with law taking into consideration the pendency of the issue, in the present proceeding. S.Sb/- (Jyoti Saran, J.)