IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.79 of 2007 Chandeshwar Rai, Son of Sita Ram Rai, resident of village Bhalui, P.S. Mahua at present Rajapakar, P.S. Baikunthpur, District – Vaishali. .. Defendant No. 3/Petitioner. Versus 1. Ram Prasad Rai 2. Brijnandan Rai 3. Deonandan Rai 4. Jaynandan Rai Opposite Party No. 1 to 4 are sons of Late Vimal Rai and Grand Son (Nati) of Late Ram Saran Rai. 5. Paro Devi, D/o Late Ramsaran Rai 6. Gangeshwar Devi, D/o Late Ramsaran Rai 7. Shital Rai, Son of Late Ram Saran Rai 8. Deokaliya Devi, Daughter of Ramdhari Rai 9. Lakshminiya Devi, Daughter of Ramdhari Rai 10. Ram Dular Rai, Son of Late Ramdhari Rai 11. Mahendra Rai, Son of Late Ramdhari Rai 12. Yogendra Rai, Son of Late Ramdhari 13. Ramshankar Rai, Son of Rajkumar Rai and Grand Son (Nati) of Late Ramdhari Rai 14. Mithilesh Rai, Son of Rajkumar Rai and Grand Son (Nati) of Late Ramdhari Rai 15. Lal Muni Rai, Daughter of Rajkumar Rai and Natini (Grand daughter) of Late Ramdhari Rai 16. Shanti Devi, Daughter of Rajkumar Rai and Natini (Grand daughter) of Late Ramdhari Rai. Opposite Party Nos. 1 to 16 are resided at village Bhalui, P.S. Mahua at present P.S. Rajapakar, P.O. Baikunthpur, District – Vaishali. ..Plaintiff/Opp. Party 1st Set. 17. Amla Devi @ Ambika Devi, Wife of Rajendra Prasad Rai, Daughter of Late Sitaram Rai, resident of village Itaha Manikpur, P.O. Itaha, P.S. Sakra, District – Muzaffarpur. 18. Girija Devi, Wife of Sri Brijnandan Rai, Daughter of Late Sitaram Rai, resident of village Machhidi, P.O. Machhidi, P.S. Sadara, District – Muzaffarpur. 19. Sumitra Devi, Wife of Late Ram Naresh Singh, Daughter of Late Sitaram Rai, resident of Rahimapur, P.O. Rahimapurchak, P.S. Bidupur, District – Vaishali. 20. Sushila Devi, Wife of Shri Yogendra Rai, resident of village Itaha Manikpur, P.O. Itahama, P.S. Sakara, District – Muzaffarpur. 21. Manju Devi, Wife of Surendra Prasad Rai, Daughter of Late Sita Ram Rai, resident of village Parmanandpur, P.O. Chhitrauli, P.S. Mahua, District – Vaishaili. 22. Sanjay Kumar Rai 23. Manish Kumar Rai Both Sons of Late Upadhyay Rai, resident of village Malui, P.S. Mahua at present P.S. Rajapakar, P.S. Baikunthpur, District – Vaishali. ..Defendants/Opp. Party 2nd Set. - 2 - For the Petitioner : - Mr. Ratan Kumar Sinha, Advocate For the O.P No. 11. : - Mr. Shivendra Pd. Singh, Advocate Mr. Ashok Kumar No. 1, Advocate. ----------- 03/ 23.06.2009 Heard learned counsel for the petitioner and learned counsel for opposite party no. 11. 2. This civil revision has been filed by defendant no. 3 – petitioner challenging order dated 8.11.2006 passed in Title Suit No. 45 of 1989 by which the learned Munsif II, Vaishali at Hajipur kept the application for substitution of heirs of deceased plaintiff no. 1(a) Sonapati Devi, pending. 3. Learned counsel for opposite party no. 11 submits that since no issue has been decided this civil revision is not maintainable. 4. From the facts and circumstances of the case as well as from the materials on record including the impugned order, it is quite apparent that the learned court below has found that the petition for amendment was well within the period of limitation and directed that it should be decided at the time of final disposal of the case 5. Considering the aforesaid facts and circumstances of the case as well as the points raised by learned counsel for the parties, it is quite apparent that there was no occasion for the learned court below to keep the substitution matter pending specially when the suit was of the year 1989 and required early disposal. In the said circumstances, this civil revision is disposed of with a direction to the learned court below to immediately decide the said petition of - 3 - substitution/addition and also to take further steps to get the suit itself decided without any further undue delay. DKS/ (S.N. Hussain, J.)