IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18417 of 2011 Nathuni Singh @ Chandrama Singh Versus Bharat Rai & Ors ----------- 02. 20.10.2011 The learned counsel, Mr. Uday Shankar Sharan Singh appearing on behalf of the petitioner submitted that all the defendants have already appeared in the suit and there was no necessity for publication of notice in newspaper or filing of newspaper cutting arises but the learned Court below dismissed the suit for non-compliance of the peremptory order without applying the judicial mind. The petitioner shall file an application to this effect in the Court below within 10 days after Chhath holidays and if such application is filed in the Court below, the learned Court below shall dispose of the same considering the facts and materials on record and the submission of the learned counsel for the petitioner and pass order according to law without being influenced by any order passed earlier or this order. With this observation, this writ application is permitted to be withdrawn as prayed for by the learned counsel for the petitioner. Thus, writ application is dismissed as withdrawn. Saurabh ( Mungeshwar Sahoo, J.)