IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.441 of 2008 AKHTAR MIAN Versus KASHIM KHAN & ORS ----------- 2 08.09.2008 Heard counsel for the petitioner. After some arguments, counsel for the petitioner prays for withdrawal of this application in order to renew his such prayer for examination of Kashim Khan and Nazre Hussain (initially plaintiffs and now transposed as defendants). Such a prayer could be made by the petitioner only at an appropriate stage after the aforesaid two persons, now transposed as defendants, would file their written statement. In the event these two persons take there own plea as against the relief prayed in the plaint by filing a written statement and examine themselves as witnesses in support of their plea, the petitioner will not required to examine them as his witness but in case they do not do so, it will always be open for the petitioner to file a fresh application for their examination as his witnesses in view of the subsequent development. In such an event, the impugned order will not come in way of the petitioner. With the aforementioned observation and direction this application is dismissed as withdrawn. Bibhash (Mihir Kumar Jha, J.) - 2 -