IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Review No.198 of 2003 1. Shiv Chandra Pandey @ Shivendra Pandey, 2. Giridhar Pandey, 3. Banarsi Pandey, 4. Ram Chandra Pandey, All sons of Late Ganjendra Pandey and resident of village- Patudha Tola, Bherdhuri under Saharsa Municipality, Ward No.20, P.S. and District-Saharsa. …Appellants/petitioners. Versus 1. Smt.Chandra Devi daughter of Narayan Tiwary 2A. Indra Kumar Tiwary 2B. Pawan Tiwary, Both sons of Late Ram nath Tiwary 2C. Ruma Devi 2D. Punita Devi Both daughters of Late Ram Nath Tiwary 3. Shyam Sunder Tiwary 4. Mahakant Tiwary 5. Anirudh Tiwary 6. Maharudra Tiwary All sons of Late Niras Tiwary 7. Madan Tiwary 8. Subhash Tiwary Both sons of Late Raj nath Tiwary 9. Smt. Rekha Devi 10. Smt. Budhan Devi 11. Smt.Ahilya Devi 12. Smt. Rujho Devi All daughters of Late Raj Nath Tiwary, Resident of Village-Patuaha Tola Bherdhuri, under Saharsa Municipality, Ward No.20, P.S. and District- Saharsa. Respondents 1st Set/ Respondents. 13. Ratneshwar Jha, 14. Ashok Kumar Jha, 15. Bhagawan Jha, 16. Dhurub Jha, All sons of Late Bateshwar Jha. 17. Rajib Devi, 18. Kamta Devi, 19. Saroj Devi, 20. Neelam Devi All daughters of Late Bateshwar Jha. All residets of village Patuaha, P.S. and District-Saharsa. 21. Amrendra Jha, 22. Narendra Jha, 23. Hemendra Jha, 24. Direndra Jha, 25. Santosh Kumar Jha All sons of Late Satishwar Jha @ Paltan Jha. 26. Jagdishwar Jha, - 2 - 27. Kapleshwar Jha, 28. Kumud Jha, 29. Subhash Kumar Jha, 30. Kameshwar Jha, All sons of Late Guneshwar Jha. 31.(i) Shiv Shankar Jha (ii) Gauri Shankar Jha (iii) Prem Shankar Jha All sons of Late Sahdeo Jha, R/o Village-Patuaha, P.S. + District-Saharsa. 32. Chandra Jha, 33. Munchun Jha, 34. Chanchun Jha, 35. Akhleshwar Jha, All sons of Late Jateshwar Jha, All residents of village Patuaha, at present Saharsa under Saharsa Municipality, Ward No.10, Kayastha Tola Saharsa, P.S. and District-Saharsa. …Respondents 2nd Set/ Respondents. 36. Ram Kumar Pandey, 37. Green Pandey, 38. Kishun Pandey, All sons of Late Palat Pandey. 39. Shiv Jatan Pandey, 40. Ram Ratan Pandey, 41. Deo Ratan Pandey All sons of Late Bhuneshwar Pandey. 42. Bulbul Devi, 43. Kulanjan Devi, 44. Niranjan Devi, All daughters of Late Bhuneshwar Pandey. 45. Prabhu Pandey, 46. Shambhu Pandey, both sons of Late Ram Raksha Pandey. 47. Most. Jagta Nand Devi, Wife of Late Ram Raksha Pandey. 48. Smt. Mahasundari Devi daughter of Late Ram Raksha Pandey. 49. Raj Kumar Pandey. 50. Binod Pandey. 51. Dinesh Pandey All sons of Late Bhola Pandey. 52. Sadhana Devi daughter of Late Bhola Pandey. 53. Most. Seela Devi wife of Late Bhola Pandey, 54. Most. Lila Devi wife of Late Madan Pandey. 55. Arbind Kumar Pandey @ Ladu Pandey son of Late Madan Pandey. 56. Smt. Sharda Devi daughter of Late Madan Pandey. 57. Kum Kum Kumari 58. Sunaina Kumari - 3 - Both minor daughters of Late Madan Pandey under the guardianship of her natural guardian mother, namely, Most. Lila Devi. 59. Naresh Pandey son of Late Kali Pandey. 60. Nand Kishore Pandey, 61. Chandra Kishore Pandey. All sons of Late Nitya Nand Pandey, and residents of village Patuaha Tola Bherdhuri, under Saharsa Municipality, Ward No.20, P.S. and District-Saharsa. … Respondents 3rd Set/ Respondents. 62. Smt. Gita Devi daughter of Late Gajendra Pandey, wife of Bidyanand Tiwary, resident of village-Bhiresara, P.S. Tazpur, District- Samastipur. 63. Raj Kishore Mishra son of Late Rama Autar Mishra, Resident of Village Patuaha Tola, Verdhuri, P.S. and District- Saharsa. ….Respondents 4th Set. 64. Shiv Nandan Sukla son of Ramdhari Shukla, Resident of village Patuaha Tola Bherdhari at Present Saharsa under Saharsa Municipality, Ward No.20, P.S. and District- Saharsa. …..Respondents/ Opposite Parties. ----------- For the petitioners : Mr. S.S. Dvivedi, Senior Advocate with Mr. Amarnath Jha, Advocate. For the respondents : None. --------- 21/ 04.02.2011 Heard learned counsel for the petitioners. 2. This petition has been filed for review of order dated 02.09.2003 by which a Bench of this court dismissed S.A. No.110 of 2002. 3. So far the merit of the case is concerned, this court does not find any error apparent on the face of record, nor does it find any fresh material to take a different view. 4. However, learned counsel for the petitioners has raised a technical point that respondent no.2 Ram Nath Tiwary had died on 19.01.2003, whereas respondent no.39 Most. Baitarani Devi had died on 08.12.2002 leaving behind some heirs, out of which the heirs of respondent no.39 were already on record as - 4 - respondent nos. 40 to 45, but the heirs of respondent no.2 not being on record I.A.No.1013 of 2003 was filed on behalf of the petitioners-appellants for substituting the said heirs, but without considering it, the second appeal was dismissed on merits. He relies upon a decision of a Bench of this court in case of Kirat Rai Vs. Guneshwar Rai & Ors, reported in 1978 BLJ 132. 5. However, in the instant case, since the application for substitution had been filed, there is no question of abatement nor any abatement had taken place in the lower appellate court as was the case in the aforesaid decision of this court in case of Kirat Rai (supra). Furthermore, the impugned order passed in the second appeal was not against respondent no.2 of the appeal or his heirs, rather it was in their favour as the appeal against them was dismissed. In the aforesaid circumstances, I am afraid this technical point is also not available to the petitioners. Accordingly, this civil review petition is dismissed. Sunil (S. N. Hussain, J.)