IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1007 of 2008 MD.SHAKEEL AHMAD & ORS Versus MANAN SINGH & ORS ----------- 3 28.07.2008 In view of the facts mentioned in the interlocutory application, delay in filing of this Civil Revision application is condoned. Heard counsel for the petitioner on merits. In the opinion of this Court, the Court below ought to have considered its earlier order dated 22.4.2002 before taking a different view, which infact runs contrary to the aforementioned order. It is true that the question of maintainability of the suit can be taken up at the time of final disposal of the suit but when there was earlier order dated 22.4.2002 holding that the question of maintainability will first be gone into, the Court below has not adopted a correct course by passing the impugned order which runs contrary to the spirit of the earlier order dated 22.4.2002. That being so, this Court would set aside the impugned order and would direct the Court below to reconsider the matter and proceed afresh in the light of its earlier order dated 22.4.2002. With the aforementioned observation and direction, this Civil Revision application is disposed of. BCJ (Mihir Kumar Jha, J.)