IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1896 of 2009 KRISHNA BIHARI OJHA, S/o late Idnradeo Ojha, R/o mohalla New Bye Pass Road, Transport Nagar, P.S. Agamkuan, District Patna. …… Petitioner / Defendant Power of Attorney Holder Versus 1. SRI RAI ATUL KRISHNA, Son of late Rai Abhay Krishna, R/o mohalla Anandbagh, Patnacity, P.S. Khajekalan, District Patna …. Plaintiff / Opposite Party 1st Set 2. Shri Subhash Thawni, So of Shri R.D.Thawani, Resident of First Floor in Krishna Chowk, above Shop no. 425, Station Road, P.S. Kotwali District – Patna …Defendant / Opposite Party 2nd set ----------- For the petitioner: Mr. Neeraj Kumar, Advocate For O.P. No. 1 : M/s Jashawir Singh Arora & Ajay Kumar, Advocates. 5 17.02.2010 Heard learned counsel for the petitioner and learned counsel for opposite party no. 1. Learned counsel for the petitioner submits that the petitioner was power of attorney holder of one Subhash Thawani, who is the defendant in the suit concerned. It is further contended that the petitioner has filed written statement on behalf of the aforesaid Subhash Thawani and contested the suit. Mr. Jashawir Singh Arora, learned counsel appearing on behalf of opposite party no. 1 submits that petitioner is not competent to maintain the civil revision as he is not the party in the suit concerned. It 2 is clear from the written statement itself, which has been brought on record as Annexure 2 that Subhash Thawani was defendant by name. In that view of the matter learned counsel for the petitioner seeks permission to withdraw this civil revision so that a properly constituted civil revision may be filed by aforesaid Subhash Thawani. Permission is accorded. This civil revision is dismissed as withdrawn. However, it is made clear that this Court has not formed any opinion with regard to the merit of this case. Spd/- (Dr. Ravi Ranjan, J.)