IN THE HIGH COURT OF JUDICATURE AT PATNA M.J.C. No.234 of 2010 1. SRI MAHENDRA LAL, AGED ABOUT 58 YRS., S/O LATE HAZARI SAO, RESIDING AT SAIDPUR ROAD, P.S. KADAMKUAN, DISTRICT Patna 2. MINAKSHI KUMARI, ADVOCATE ASSOCIATION, 1ST FLOOR .. PETITIONERS Versus 1. THE STATE OF BIHAR 2. HEAD COMPRISING CLERK, CIVIL COURT, PATNA 3. REGISTRAR, CIVIL COURT, PATNA .. OPPOSITE PARTIES **** /2/ 01.04.2010 Heard learned counsel for the petitioners and learned counsel for the State. 2. On hearing the parties, it transpires that the Civil Reference No. 1 of 2009 was dismissed on 08.12.2009 and on that date no body had appeared on behalf of the petitioners. The order, further, discloses that according to the learned counsel for the State Reference either under the Civil Procedure Code or under the Criminal Procedure Code to the High Court could not be maintained by a private person, such as the petitioners and for a valid Reference only a subordinate Court could pass appropriate orders. 3. On hearing learned counsel for the 2 petitioners, we are satisfied that for sufficient reason the counsel for the petitioners could not appear on the earlier date, but, on hearing the matter on merits we find that the legal submission advanced by learned counsel for the State on the previous occasion is correct and Civil Reference No. 1 of 2009 at the instance of private person without there being any reference by a subordinate Court is not maintainable. 4. Hence, this application for restoration is disposed off with an observation that the earlier order, dated 08.12.2009, dismissing Civil Reference No. 1 of 2009 as not maintainable does not require interference. Cp:2/S.A. (Shiva Kirti Singh, J.) ( Gopal Prasad, J. )