IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Revision No.1584 of 2009 Hare Krishna Jha Versus Ramjee Jha & Ors. ---------------------------------- 06 30.11.2011 Heard Mr. Choudhary Shyam Nandan, learned counsel appearing on behalf of the petitioner. This Revision Application has been filed against the order by which the plaint has been rejected. After some argument the learned counsel has very fairly accepted that an appeal lies against the impugned order which amounts to decree as per the definition of decree given in the submission. The learned counsel has also expressed his awareness regarding a bench decision of this court reported in 2009 P.L.J.R Vol 1 page 329. In view of the aforesaid facts the learned counsel has prayed to withdraw this revision application in order to enable him to prefer an appeal in accordance with law. The prayer is allowed. This Revision application is dismissed as withdrawn. However, if an appeal against the impugned order is filed by the petitioner in accordance with law, as earlier submitted, the pendency of this Revision Application before this court shall be taken into consideration as a ground 2 for condonation of delay in accordance with law. Namita ( V.Nath, J.)