IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1973 of 2009 RAGHUNANDAN YADAV & ORS. Versus DIP NARAYAN YADAV & ORS. ----------- 02. 23.11.2009 This civil revision has been filed against an order by which the learned court below rejected the application of the plaintiffs-petitioners for substituting the heirs of the deceased- defendants and for setting aside abatement and condoning the delay and consequently the suit has been disposed of as having been abated. Office has noted that such an order can be challenged in a miscellaneous appeal under Order XLI Rule 1(k) of the Code of Civil Procedure and not under Section 115 of the Code. It is also stated that since the valuation of the suit is only Rs.4,800.00, even the appeal would not lie before this court, rather it would lie before the learned District Judge as the order has been passed by the Subordinate Judge. In the said circumstances, this civil revision is dismissed as not maintainable giving liberty to the petitioner to file a miscellaneous appeal before an appropriate forum against the impugned order. Sunil (S. N. Hussain, J.)