IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.506 of 2007 GAURI SHANKAR PANDEY Versus SHAMBHU PANDEY & ORS ----------- For the petitioner: Mr. Akhileshwar Kumar Srivastava, Advocate. For Opp. Parties : None. --------- 05/ 01.09.2009 After some argument learned counsel for the petitioner seeks permission to withdraw this civil revision as he wants to withdraw Misc. Case No. 08 of 2004 in the court below and file a fresh miscellaneous case under the provision of Order LXVII of the Code of Civil Procedure. With the said permission, this civil revision is dismissed as withdrawn. However, if a fresh miscellaneous case is filed in the court below within one month from today after withdrawing the earlier miscellaneous case, the learned court below will decide the same as per its own merit and also decide the application for condoning the delay in filing of the said miscellaneous case, if filed by the petitioner, in accordance with law considering the period spent in the proceeding of Miscellaneous Case no.08 of 2004 as well as the instant civil revision. MPS/ ( S. N. Hussain, J. )