IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5235 of 2010 Dadan Kumar Versus The State Of Bihar & Anr ----------- 3. 14.7.2011. Heard Mr. Shabbir Ahmad, learned counsel appearing on behalf of the petitioner. This writ petition has been filed for quashing the order dated 27.11.2009 passed by the Subordinate Judge, I, Gopalganj in Misc.Case No.18 of 2007, whereby the petition filed by the respondent no.2 under Order 22 Rule 4 of the Code of Civil Procedure, has been allowed. It is not in dispute that during the pendency of the miscellaneous case, the opposite party no.1 Jagnarain Thakur deceased and which necessitated his substitution by his legal heirs. Learned counsel for the petitioner, even while admitting that one of the legal heirs of deceased Jagnarain Thakur was party to the miscellaneous case, submits that for violation of the order of injunction committed by the original defendant, his heirs can not be punished and to that extent, the substitution is not permissible. From perusal of the order impugned placed at Annexure-1, it is evident that the learned court below has noticed this objection raised by the 2 petitioner as raised in the writ petition and has held that the objection would be considered at the time of final hearing of the miscellaneous case. That being the position, I find no merit in the writ petition and it is accordingly dismissed. ahk (Jyoti Saran, J.)