IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9193 of 2011 SHIV KUMAR AGRAWAL Versus SMT.DEVI KATARUKA & ORS ----------- 02. 23.06.2011. Heard the learned counsel for the petitioner. This writ application has been filed against the order dated 18.04.2011 passed by 3rd Subordinate Judge, West Champaran at Bettiah in Title Suit No.266 of 2002 rejecting the application filed by the petitioner under Order 7 Rule 11 read with Order 23 Rule 1 sub-Rule 4 of the Code of Civil Procedure for rejection of the plaint. After some argument, the learned counsel for the petitioner seeks permission to withdraw this writ application with liberty to press this question at the time of framing of issue and if it is pressed by the petitioner, the learned Court below shall frame an issue of this question and shall also decide the same along with other issues. Accordingly, this writ application is dismissed as withdrawn. Sanjeev/- (Mungeshwar Sahoo,J.)