HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (C) No. 6415/2011 Leelavatee W/o Late Ram Pratap Singh, aged about 68 years, R/o Diparapara, Bilaspur, Tahsil &, District Bilaspur of Chhattisgarh. RESPONDENTS: 1. (The Resp. No. 1 was Def. No. 1 85 the resp. No. 2 was the Def. No, 2 before the Ld. Trial Court in the Civil Suit No. 19-A/2010)‘ State of Madhya Pradesh (Now Chhattisgarh) Through: Collector, . PETITIONER: l. (The Petitioner was the plaintiff before the Ld. Trial Court in the Civil Suit No. 19-A of 2010). Versus Smt. Beena Jaiswal, W/O Deepchand, aged about 43 years, R/o Kranti Nagar, Bilaspur, Tahsil 85 District Bilaspur of Chhattisgarh. . Bilaspur, Chhattisgarh. WRIT PETITION UNDER ARTICLE 226(227 OF THE CONSTITUTION _0F INDIA. (SB :Hon’ble Mr. T.P.Sharma, J.) Presentz— Mr. M.K. Baeg, Advocate for the petitioner. . Ms, Sangeeta Mishra, P.Ll for the State/respondent No. 2. Respondent No. 1 not noticed, ORDER 1. By this petition under Article 226/227 0f the Constitution of India petitioner has challenged the legality and propriety of the order dated 4/4/2011 passed by 4th Civil Judge Class-1, Bilaspur (C.G.) in civil suit No. 19—A/1O whereby 4th Civil Judge Class-1, Bilaspur (0G,) has dismissed the suit of petitioner under Order 17 Rule 3 of the Civil Procedure Code, 1908 (in short ‘the Code’) in absence of petitioner/ plaintiff, 2. Learned counsel for the petitioner submits that order passed by the Court is order under Order 17 Rule 3 read with Rule 2 of the Code therefore, remedy is available under Order 9 of the Code therefore, he seeks to Withdraw this petition with liberty t0 file appropriate petition in terms of Order 9 of the Code before the trial Court. Prayer allowed. 4. Consequently, petition is dismissed as withdrawn with aforesaid liberty. No order as to 'costs. Sd/- T.P. Sharma Judge (Passed on 31/10/2011)