IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2065 of 2008 MD. SALIM Versus BISHWASH KUMAR & ANR ----------- 2 10/12/2008 Heard counsel for the petitioner. This Court would not find any jurisdictional error in the impugned order. The technicality has to always give way to substantial justice. If the Court while disposing of the miscellaneous case which had jurisdiction to hear the appeal, has passed such order, same would not stand vitiated only because an application was not filed for revival of the disposed of appeal. When a prayer of sons of the deceased-appellant was to the effect to contest the appeal on merit, the same could have definitely be allowed even in course of miscellaneous case. That being so, this Court does not find any reason to interfere with the impugned order. Accordingly, this application is dismissed. (Mihir Kumar Jha, J.) Abhay Kumar