IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1861 of 2006 SUDHA SINHA @ SUDHA SINGH & ORS. Versus SHIV PRATAP SHARMA & ANR. ----------- 3. 23.04.2009 Heard learned counsel for the petitioners. This civil revision application has been filed by defendants-petitioners against the order dated 22.9.2006 passed by the Subordinate Judge, VIII, Motihari in Title Suit No.200 of 2004 by which on the petition of the plaintiffs, the court below has permitted the name of defendant no.4 to be expunged from the array of the parties in the suit. Learned counsel for the petitioners submits that the plaintiffs had knowledge about the death of defendant no.4 prior to filing of the suit, still intentionally they made a dead person as party in the suit and, therefore, the suit becomes not maintainable against a deed person. He submits that even after filing of the written statement pointing out that defendant no.4 died a long time ago before filing of the suit, the plaintiffs had taken two years time in expunging the name of defendant no.4 without stating any provision - 2 - of law or any reason for such late filing of the petition. At this stage, this Court is not inclined to go into the legal consequence which may follow from making a dead person party in the suit or expunging his name without substituting his heirs. It will be the liberty of the petitioners to raise it in the suit and to challenge the maintainability of the suit or about the legal consequence which may follow as a result of expunction of the name of defendant no.4 from the suit. With the above liberty to the petitioner, this civil revision application is disposed of. B.T. (J.N. Singh, J.)