Rukmini Devi And ORS v. Kanhaiya Prasad Sharma And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1545 of 2016 ====================================================== Rukmini Devi & Ors .... .... Appellant/s

Versus

Kanhaiya Prasad Sharma & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Dronacharya, Advocate For the NTPC : Mr. Anil Kumar Sinha, Advocate For the State : Mr. Arun Kumar Bhagat, AC to AAG-XII ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 23-12-2016 Heard Mr. Dronacharya, learned counsel for the petitioners.

The order dated 13.05.2016 passed by the learned Sub Judge, III, Barh in Title Suit No. 53 of 2009 is under challenge.

From perusal of the order, it appears that the plaint has been rejected under Order 7 Rule 11 C.P.C. Therefore, in view of the definition of the term "decree" as defined under Section 2 Sub-section 2 C.P.C., the order is a decree which is appealable under the Code of Civil Procedure. Thus, the learned counsel for the petitioners seeks permission to withdraw this Civil Miscellaneous Application with liberty to file the appeal before the appropriate forum.

Accordingly, this Civil Miscellaneous Application is

Patna High Court C.Misc. No.1545 of 2016 (2) dt.23-12-2016 2/2 permitted to be withdrawn, as such, it is dismissed as withdrawn with aforesaid liberty.

(Mungeshwar Sahoo, J) ajaypd./- U