IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.177 of 2009 ***** SHIV KUMAR @ SHIV KUMAR BHAGAT, S/o Sri Hiralal Bhagat, R/o Village Phulwariya, P.O. Bara Chakiya, P.S. Chakiya, Distt. East Champaran……………Defendant No. 14 / Petitioner Versus 1. JHUNILAL PRASAD, S/o Late Ramcharitar Bhagat, 2. Umesh Prasad, S/o late Ramanand Prasad, 3. Dinesh Prasad, S/o Late Ramanand Prasad, all above O.Ps. are residents of Sawangia, P.O. Swangia, P.S. Madhuban, Distt. East Champaran,………………… Defendant 13 Series/O.Ps. 4. Janakdhari Bhagat @ Janakdhari Sah, S/o Kusha Bhagat, 5. Girdhari Bhagat, S/o Kusha Bhagat, 6. Harish Chandra Bhagat, S/o Ugan Bhagat, all are residents of Tajpur Lakhni @ Phulwariya, P.O. Bara Chakiya, P.S. Chakiya, Distt. East Champaran ………… Defendant 1st / O.P., 7. Brahmadeo Bhagat, S/o Dewdhari Bhagat, R/o Tajpur Lakhni Phulwariya, P.O. Bara Chakiya, P.S. Chakiya, Distt. East Champaran, 8. Girja Devi, W/o Ram Briksha Bhagat, D/o Dewdhari Bhagat, R/o Shitalpur, P.o. Shitalpur, P.S. Chakiya, Distt. East Champaran, 9. Siya Devi, W/o Rajendra Bhagat, D/o Dewdhari Bhagat, R/o Village Bakhri, P.O. Bhuwan Chapra, P.s. Chakiya, Distt. East Champaran, 10. Ramdeo Bhagat, S/o Ram Chandra Bhagat, 11. Rajendra Bhagat, S/o Ram Chandra Bhagat, R/o Tajpur Lakhni Phulwariya, P.O. Bara Chakiya, P.S. Chakiya, Distt. East Champaran, 12. Aadeya Bhagat, S/o Late Narayan Bhagat, 13. Mahendra Bhagat, S/o Late Narayan Bhagat, 14. Sambhu Bhagat, S/o Late Narayan Bhagat, 15. Manoj Bhagat, S/o Ram Briksha Bhagat, all from O.P. No. 12 to 15 are residents of Tajpur Lakhni @ Phulwariya, P.O. Bara Chakiya, P.S. Chakiya, Distt. East Champaran ……. ……………………………………….Defendants 2nd / O.P., and - 2 - 16. Bishwanath Sah, S/o Shivbeni Sah, Vill. – Tajpur Lakhni @ Phulwariya, P.O. Bara Chakiya, P.S. Chakiya, Distt. East Champaran …………………………………….. Plaintiff / O.P. ***** 2. 03.02.2009. After some argument, Mr. D.K. Tandon, learned counsel for the petitioner seeks leave to withdraw the case. Permission is accorded. The application is, accordingly, dismissed as withdrawn. Learned counsel for the petitioner, however, submits that the amendment allowed may also necessitate amendment in the written statement filed by the defendant – petitioner. Without going into the merit of the case, it is directed that in case such petition for amendment of written statement is filed by the defendant no. 14 – petitioner as a consequence of the amendment which has been allowed by trial court by the impugned order then the court below shall dispose it of on its own merit in accordance with law. dk ( Dr. Ravi Ranjan, J. )