IN THE HIGH COURT OF JUDICATURE AT PATNA C. REV. No.67 of 2009 1. Menka Devi, Widow of Late Ramchandra Singh. 2. Jagat Prasad Singh. 3. Deo Prasad Singh. 4. Nawal Kishor Singh. 5. Sunil Kumar. 6. Raj Kumar. 7. Keshav Ranjan. Petitioner Nos. 2 to 7 are sons of Late Ramchandra Singh. All residents of Village Rukanpura, P.O.- B.V. College, P.S. Danapur now Rupaspur, District Patna. ------- Plaintiff/Opposite Parties/Petitioners Versus 1. Mostt. Brahmdei Devi @ Brahmdev Devi @ Brahamdei Devi, Wife of Late Gajendra Rai and Daughter of Late Bimla Sharan Singh, permanent address – Village Gopalur, P.S. Maner, P.O. Sahainagar, District Patna. A/p Village Rupaspur, P.O. Sahai Nagar, P.S. Danapur, District Patna. ---------- Defendant 1st Party/Petitioner/Opposite Party 2. Mahesh Kumar Singh, Son of Sri Rajdeo Narayan Singh, Resident of Mohalla Purandarpur, P.O. Jakkanpur, P.S. Jakkanpur, District & Town Patna. --------- Defendant 2nd Party/Opposite Parties/Opposite Parties 3. Ram Nand Singh @ Rama Singh, Son of Late Sitaram Singh. 4. Binay Kumar Singh, Son of Sri Ram Nand Singh. 5. Annu Kumar Singh, Son of Sri Ram Nand Singh. 6. Abhimanu Kumar Singh, Son of Sri Ram Nand Singh. ---------- Defendant 2nd Party/Opposite Parties/Opposite Parties ----------- 6 21.04.2010 I.A. No. 1378 of 2009 Heard learned counsel for the petitioners and counsel for the opposite party no.1. For the reasons mentioned in this application, the delay of 55 days in filing of the civil review application is hereby condoned. 2 C. REV. No.67 of 2009 Coming to the merits of this case, counsel for both the parties would submit that the direction given in the last paragraph of the order of this Court dated 3.12.2008 in C.R. No. 1328 of 2006 which was disposed of along with C.R. No. 858 of 2007, C.R. No. 1898 of 2007 and C.R. No. 1914 of 2007 to the extent of deciding the preliminary issue as with regard to the suit being barred in terms of Section 4 of the Benami Prohibition Act, suffers from an error because this Court was never informed that earlier the same question between the parties was adjudicated by an order of this Court dated 4.8.2006 in C.R. No. 2260 of 2005. Accordingly, the last paragraph of the order of this Court dated 3.12.2008 is modified to the extent that the court below instead of deciding the preliminary issue keeping in view the suits are of the year 2005 would see to it that they are finally disposed of within a period of six months from the date of receipt/production of a copy of this order. Rsh (Mihir Kumar Jha, J.)