IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.25 of 2008 SRI DEVI DAYAL PRASAD @ DEVI PRASAD SINGH Versus VIDHYARTHI PRASAD ----------- For the petitioner : Mr. D.K.Sinha, Senior Advocate with Mr. Abhinay Raj, Advocate. For the opposite party : None. ---- 03. 27.10.2009 Heard learned counsel for the petitioner. This civil revision has been filed by the sole plaintiff- petitioner challenging order dated 11.10.2007 by which the learned Subordinate Judge-I, Patna City dismissed Title Suit No.223 of 2007 in limine on the ground that the basis of plaintiff’s claim is a sale deed which is in the name of the defendant. The aforesaid suit was filed for declaration of plaintiff’s title and for injunction and although it was claimed in the body of the plaint that the plaintiff had purchased the suit land by the deed in question in the name of his minor son who was defendant in the suit, but no relief with respect thereto had been sought in the plaint. After some argument, learned counsel for the petitioner seeks permission to withdraw this civil revision with a liberty to file a fresh suit with respect to the suit property against the defendant with appropriate and necessary reliefs. Accordingly, this civil revision is dismissed as withdrawn with the aforesaid liberty to the petitioner. Sunil (S. N. Hussain, J.)