IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1864 of 2006 GOVIND MUSHAHAR & ORS. Versus SAHO YADAV & ANR. ----------- 4. 23.04.2009 Heard learned counsel for the petitioners. This civil revision application has been filed by the plaintiffs-petitioners against the order dated 14.8.2006 passed by the learned Additional Munsif II, Nawadah in Title Suit No. 26/2004 / 59/05. By the said order, the petition of the plaintiffs under Order 6 Rule 17 and Order 22 Rule 4 and Section 151 of the Code of Civil Procedure has been rejected. The court below has found that even after the plaintiffs came to know about the death of defendant no.1 prior to filing of the suit on filing of the written statement only, they have not filed any petition for condonation of delay nor filed additional court-fee with the petition. Therefore, the petition of the plaintiffs was rejected by the court below. This Court does not find any error in the order of the learned court below and the civil revision application is, accordingly, dismissed. However, this order will not preclude - 2 - the plaintiffs from filing a fresh application for substitution of the heirs of deceased defendant no.1 with an appropriate petition for condonation of delay in filing the same and setting aside abatement. If such a petition is filed by the plaintiffs, the court below will consider the same on its merits and pass appropriate orders in accordance with law. B.T. (J.N. Singh, J.)