IN THE HIGH COURT OF JUDICATURE AT PATNA C. REV. No.202 of 2006 SARBDEO SINGH Versus RAJENDRA AGRICULTURAL UNIVERSITY & ORS. For the petitioner : Mr. Satya Narayan Mishra, Advocate. For the respondents : Mr. Jyoti Sharan, Advocate. ----------- 07/ 06.05.2009 Heard learned counsel for the petitioner as well as learned counsel for Rajendra Agricultural University. 2. This civil review petition has been filed on behalf of the petitioner for review of order dated 27.01.2005 by which C.W.J.C. No.11933 of 1999 was dismissed as abated on the basis of the statement made by learned counsel for the petitioner that the sole petitioner was dead. 3. Learned counsel for the petitioner submits that after filing of the writ petition the petitioner could not meet his counsel and even after his best efforts learned counsel could not contact the petitioner and in the meantime he received information from some other source that the petitioner had died and in those circumstances he made the said submission before this court on 27.01.2005. 4. Learned counsel for the petitioner further submits that after the said dismissal the petitioner contacted his learned counsel and when it was learnt that the petitioner was still alive and due to his old age and ailment he could not contact his counsel for a long period and also could not contact as the telephone number of his counsel had also changed. In the meantime there was communication gap between the petitioner and his counsel, as a 2 result of which learned counsel had to rely upon the misinformation given by someone else. 5. The affidavit of this civil review petition has been sworn by the petitioner himself and there is nothing on record to disbelieve the said statement which is also supported by learned counsel for the petitioner and not denied by learned counsel for the respondents. 6. In the said circumstances, this civil review petition is allowed and order dated 27.01.2005 is reviewed holding that neither the petitioner has died nor the writ petition has abated and writ petition continues and should be placed under the same heading expeditiously. harish/ ( S.N.Hussain, J)