1 IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2127 of 2007 1. KRISHNA KUMAR SHAHI @ KRISHNA KUMAR SHAHI, 2. Vijay Kumar Shahi, 3. Anjani Kumar Shahi, 4. Biupin Kumar Shahi, All sons of late Baidyanath Prasad Shahi, 5. Rajeev Nain Shahi, 6. Sanjeev Nain Shahi, Both sons of Sri Shashi Kumar Shahi, All residents of village and P.S. Kurhani, District Muzaffarpur… Plaintiffs/O.Ps. in Misc. case No. 9/2002/Petitioners Versus MOST.SUSHMA DEVI wife of late Ratneshwar Prasad, resident of village, P.O. and P.S. Kurhani, District Muzaffarpur, presently residing at C/o Munna Jee Scooter Rairing Centre, Gandhi Chowk, Town and District Saran (Chapra)… Defendant /Applicant of Misc. Case No. 9/2002/Opposite Party For the Petitioners: Mr. Pushkar Narain Shahi, Advocate ----------- 5 29.04.2010 Heard learned counsel for the petitioners. After some argument, learned counsel for the petitioners seeks permission to withdraw this civil revision to raise the issue under Order XII Rule 6 of the Code of Civil Procedure in the concerned suit itself in view of the deposition of the defendant of the suit in Miscellaneous Case No. 9 of 2002. In the above view of the matter, the civil revision is dismissed as withdrawn. However, if the aforesaid issue is raised by the petitioners before the trial court, the same shall be decided 2 in accordance with law. SC ( Dr. Ravi Ranjan, J.)