IN THE HIGH COURT OF JUDICATURE AT PATNA M.A. No.272 of 2004 SHIV SEKHAR RAI @ BIMAL RAI (GONGA) & ORS Versus ASHOK KUMAR RAI & ORS ----------- 14/ 13.5.2008 It has been submitted by the learned advocate of both the parties that the original suit bearing Title Suit No.23 of 2003, in which the impugned order was passed, has already been dismissed in default by the trial Court and at present the same is not pending before any court. In such view of the matter, I am of the opinion that when the original suit is not in existence, this Misc. Appeal can not continue. Accordingly, this Misc. Appeal is dismissed with liberty to the appellants to file fresh application if the original suit is restored to its file. JA/- (Syed Md. Mahfooz Alam, J.)