IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1650 of 2007 1. MAHAVIR MANDAL S/O LATE DEVI MANDAL 2. BIPIN MANDAL 3. CHANDRA MANDAL, BOTH SONS OF LATE MANGAL MANDAL, ALL ARE RESIDENT OF VILLAGE BHALSAD P.S. KAHALGAON, P.O.EKCHARI, DIST.BHAGALPUR. -DEFENDANTS/PETITIONERS Versus 1. BHAGWAT THAKUR,S/O LATE GOVIND HAZAM 2. BINAY KUMAR THAKUR, S/O BHAGWAT THAKUR 3. SHYAM SUNDER THAKUR 4. AMBIKA THAKUR, BOTH SONS OF RAM SUNDER THAKUR ALL RESIDENTS OF VILLAGE SAHPUR, P.S. GHOGHA (KHALGAON) P.O.GOGA, DIST. BHAGALPUR. -PLAINTIFFS/OPPOSITE PARTIES For the Petitioners : Mr. Ranjan Kr. Jha 3 05.03.2010 This civil Revision is directed against the order dated 31st May, 2007 passed by Subordinate Judge-I, Bhagalpur, in Title Suit no. 98 of 2003 whereby the prayer of petitioner for accepting the written statement after recalling the order debarring the defendants from filing the written statement and also for recalling three witnesses, who have already been examined, for their cross-examination by the defendant, had been rejected by the concerned court. Learned counsel for the petitioners fairly submits that this Civil Revision having been filed against an 2 Interlocutory order passed in the Title Suit, may not be maintainable in view of the law laid down by the Apex Court in Shiv Shakti Coop. Housing Society, Nagpur Vs. Swaraj Developers and Others, reported in (2003) 6 Supreme Court Cases 659 and Surya Dev Rai Vs. Ram Chander Rai and Others, reported in (2003) 6 Supreme Court Cases 675. However, it is submitted that the proviso to Section 115(1) of the Code of Civil Procedure cannot take away the right of the petitioners from challenging the impugned order by filing a properly constituted writ petition under article 227 of the Constitution of India as has been held in the aforesaid Shiv Shakti Coop. Housing Society, (Supra). Thus, learned counsel for the petitioners seeks permission to withdraw this Civil Revision to avail any other remedy which would be available to the petitioners under law. In above view of the matter, this Civil Revision is dismissed as withdrawn. (Dr. Ravi Ranjan, J.) AAhmad