IN THE HIGH COURT OF JUDICATURE AT PATNA SA No.215 of 2011 Vishwanath Jha Versus Baidya Nath Jha & Ors ----------- 04. 17.10.2011 Heard the learned counsel appearing on behalf of the appellant and perused the stamp report defect which has pointed out that the second appeal is not maintainable and the proper remedy is by filing miscellaneous appeal under Order 43 Rule 1 (u) C.P.C. The learned counsel appearing on behalf of the appellant accepts the stamp report and prays to withdraw this appeal for filing a miscellaneous appeal. The prayer is allowed. This appeal is permitted to be withdrawn in order to enable the appellants to file miscellaneous appeal in accordance with law. Nitesh ( V. Nath, J.)