IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Review No.12 of 2010 In (CIVIL WRIT JURISDICTION CASE 10700/2005) 1. Bibha Singh & Anr. 2. The State Of Bihar And Others Versus The State Of Bihar & Ors. 8 7.12.2011 Heard learned counsel for the petitioners and the State. One Bibha Singh and her son Amardeep Kumar Singh @ Amardeep Kumar @ Bunty Singh filed C.W.J.C.No.10700 of 2005 for restoring the possession of the petitioners in respect of the suit premises, who were dispossessed by order dated 3.4.2005 contained in memo no.1733 passed by the District Magistrate, Munger. It appears that during the pendency of the writ petition, Bibha Singh died. Thereafter, petitioner no.2 who is son of petitioner no.1 filed I.A. No.2560 of 2009 for substituting his other brothers and sisters in place of petitioner no.1 who had died. Petitioner no.2 also prayed for deleting the name of petitioner no.1 from the array of petitioners. However, the aforesaid Interlocutory Application was dismissed as no one appeared to press the same. This court by order dated 23.12.2009 observed that due to non- prosecution of I.A.No.2560 of 2009 which was filed for substituting other heirs of petitioner no.1, the writ petition is dismissed as having become infructuous. Counsel for the petitioner submits that as petitioner no.2, one of the heirs of petitioner no.1, was already on record as 2 KHAN such, the writ application could not have been dismissed in its entirety. I find substance in the submission of learned counsel for the petitioner. This Civil Review application is allowed and the order dated 23.12.2009 passed in C.W.J.C.No.10700 of 2005 is recalled. Let C.W.J.C.No.10700 of 2005 be listed before an appropriate bench after obtaining necessary permission from the Hon’ble the Chief Justice. (S.P.Singh,J)