IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1378 of 2009 SRI SHAMBHU NATH SINGH Versus SRI SUSHIL SINGH & ORS ----------- For the Petitioner : Mr. Surendra Kumar Singh, Advocate. ---------- 3. 29.10.2010. It has been pointed out by the office that since by the impugned order the court concerned has refused to set aside the ex-parte decree, the miscellaneous appeal would be a proper remedy in view of the statutory provisions as contained in Order XLIII Rule 1(d) of the Code of Civil Procedure. Learned counsel for the petitioner does not contest the stamp report and seeks permission to withdraw this Civil Revision to prefer a miscellaneous appeal before the court of competent jurisdiction. Permission is accorded. As a result, this Civil Revision is dismissed as withdrawn with a liberty to the petitioner to prefer a proper miscellaneous appeal before the court of competent jurisdiction. P.S. ( Dr. Ravi Ranjan, J)