IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1337 of 2007 UMESH SINGH @ UMESH CHANDRA SINGH & ORS Versus BRAJESH KUMAR SINGH & ORS ----------- 2. 22/04/2009 Re: I.A.No.3639 of 2008 This I.A. has been filed for substituting the heirs and legal representatives of petitioner no.1 Umesh Singh @ Umesh Chandra Singh, who died on 17.5.2008 leaving behind his heirs and legal representatives as mentioned in paragraph 1 of the I.A. The heirs have already filed vakalatnama. In the circumstances, this I.A. is allowed. Let the name of petitioner no.1 be expunged from the cause title and in his place his heirs and legal representatives as mentioned in paragraph 1 be substituted. After some arguments, learned counsel for the petitioners fairly admits that the objection to the petition of the plaintiffs for amendment of the plaint was not in detail and materials could not be produced by the defendants petitioners before the appellate court that the so called simple amendment in the plaint was to get rid of the entire - 2 - evidence of the defendants led in the trial court. In the circumstances, he seeks permission to withdraw this revision application with liberty to the defendants- petitioners to file another application before the court below for review of the order dated 16.4.2007 and for rejecting the said application of the plaintiffs for amendment in the plaint. Considering the submissions of learned counsel for the petitioners, this revision application is permitted to be withdrawn with aforesaid liberty. Pradeep/ (J. N. Singh,J.)