IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.415 of 2010 Siyaram Singh & Anr. Versus Krishna Prasad Halwai & Ors. ----------- 11 14-11-2011 It has been submitted on behalf of the petitioners that by the impugned order the application filed under Order 9 Rule 13 C.P.C. has been rejected and as such an appeal under Order 43 Rule 1(d) C.P.C. is maintainable against such an order. The learned counsel, thus, has made the prayer to withdraw this revision application in order to enable him to file an appeal against the impugned order before the appropriate court. The learned counsel for the opposite parties is present and has no objection to the prayer. In the facts and circumstances, mentioned above, the prayer is allowed and this application is dismissed as withdrawn with liberty to the petitioners to file an appeal, if so advised, against the impugned order before the appropriate court within three weeks from the date of receipt of this order. It is needless to say that the appellate court before whom the appeal shall be filed, shall keep into consideration about the pendency of this 2 application before this Court while considering the prayer for condonation in accordance with law. ( V. Nath, J.)