IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.421 of 2009 SYED TANWEER ASHRAF, S/o Dr. Syed Jamaluddin Ashraf, through his duly constituted Attorney, Mrs. Rashida Jamal, wife of Dr. Syed Jamaluddin Ashraf, resident of Neura House, Bank Road, P.S. Gandhi Maidan, P.O. Bankipore, in the Town and District of Patna…………………………………………….... Plaintiff – Petitioner Versus Mr. Pawan Kumar Sah, Son of Late Krishna Lal Sah, resident of 203, Sangita Apartment, South Gandhi Maidan, P.S. Gandhi Maidan, P.O. Bankipore, Distt. – Patna and having its business premises in Eastern portion of Shop No. G-5, Ground Floor, in ABC Commercial Complex, Wasiuddin Arcade, Exhibition Road, P.S. Gandhi Maidan, in the town and District of Patna…………………………………... ……………………………………………Defendant – Opposite Party. ----------- 2. 20.03.2009. Petitioner is aggrieved by part of the order dated 21.01.2009, passed by the Subordinate Judge 1st, Patna in Eviction Suit No. 8 of 2006, whereby the plaintiff has been directed to appear in court regularly to receive the cheque / draft personally. After some argument, Mr. Jashawir Singh Arora learned counsel for the petitioner seeks permission to withdraw this application with liberty to raise the issue involved in the present Civil Revision application before the court below once again as according to him the cheque / draft being Account Payee, the same could only be encashed by the person in whose favour the cheque / draft has been - 2 - drawn. Permission is accorded. This Civil Revision is dismissed as withdrawn with the aforesaid liberty to raise the issue before the court below. In the event such issue is pressed before the court below, it shall dispose of the same in accordance with law. dk ( Dr. Ravi Ranjan, J. )