IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1854 of 2006 SHREE NARAIN RAI Versus SMT.RAM SAKHI DEVI & ORS. ----------- 2. 21.04.2009 Heard learned counsel for the petitioner. This civil revision application has been filed by defendant-petitioner against the order dated 3.8.2006 passed by learned Subordinate Judge 2nd, Muzaffarpur in Misc. Case No.7 of 2004 by which the miscellaneous case filed under Order 9 Rule 9 read with Section 151 of the Code of Civil Procedure has been allowed and the Partition Suit No.78 of 2001 has been restored to its original file. From the impugned order it appears that the partition suit was dismissed in default due to non-prosecution of the same by the plaintiff. In the miscellaneous application, the plaintiff gave reasons for not proceeding in the suit which was accepted by the learned court below and, therefore, the miscellaneous case was allowed and the partition suit was restored. 2 In that view of the matter, this Court does not find any material irregularity in the impugned order. The revision application is, accordingly, dismissed. Since the partition suit is of the year, 2001, the learned court below is directed to proceed with the suit expeditiously and decide the same as soon as possible without causing unnecessary delay. B.T. (J. N. Singh, J.)