IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.262 of 2007 Dinesh Kumar, son of late Santlal Kumar, resident of village Saidpur (Sant Bhawan) P.S. Gopalpur, District Bhagalpur. …Plaintiff-Respondent 1st set-Petitioner. Versus 1. Sunil Kumar, son of late Moti Kumar, resident of village Saidpur, P.S. Gopalpur, Distt. Bhagalpur Defendant 1st party -Appellant-Opposite Party 2. Ashok Kumar, son of late Jiyalal Kumar, Resident of village Saidpur, P.S. Gopalpur, Distt. Bhagalpur 3. Rekha Dervi, wife of Sri Dinesh Thakur, d/o late Jiya Lal Kumar, resident of village Saidpur, P.S. Gopalpur, District Bhagalpur ..Defendant 1st Party-Respondent 2nd Party-Opp. Parties. 4. Smt. Shakuntala Devi, wife of late Ramesh Kumar 4A. Sri Vijendra Kumar, son of late Ramesh Kumar Both residents of village Saidpur, P.S. Gopalpur District Bhagalpur, at present Shakuntalam, Indu Sarkar Road, Near B.Ed. College, opposite road of Jakir Hussain Institute Devghar, Jharkhand. 4B. Smt. Nibha Devi, wire of Sri Ashok Kumar Singh, resident of village Charaun, P.O. Naugarhi, P.S. Muffasil, District Munger Bihar. 4C. Smt. Prabha Devi, wife of Sri Sudhir Singh, resident of village Bardhaia, Tola Dhanraj, P.O.+P.S. Bardhaia, Distt. Lakhisarai,Bihar. 4D. Abha Devi 4E. Smt. Sudha Devi, wife of Sri Anil Kumar Singh, resident of village +P>O> Lusihani, P.S. Piri Bajar, District Lakhisarai, Bihar, at present Salona Road, Opposite to S.B.I. Training Centre, Deoghar, Jharkhand. 5. Krishna Devi, w/o Ram Chandra Prasad Choudhary @ Bhola Babu, daughter of late Sant Lal Kumar, resident of village Bariarpur, P.S. Chariya Bariyarpur, District Begusarai. 6. Kameshwar Kumar, son of late Newalal Kumar, resident of village Saidpur, P.S. Gopalpur, Distt. Bhagalpur 7. Shiv Dulari Devi, wife of Bindeshwari Prasad Singh 8. Asha Devi, wife of Binay Kumar Singh Both 7 and 8 are D/o Late Newalal Kumar and both are residents of Khashpur House, Jakkanpur, P.S. Jakkanpur, District Patna. …Defendant-respondent 3rd party-Opp. Party. 9. Keshav Kumar, son of late Newalal Kumar 10. Ashok Kumar, son of late Newalal Kumar 11. Usha Devi, wife of Salendra Kumar Sharma, daughter of late Newalal Kumar. All 9 to 11 are residents of village Katahara, P.S. Dhoraiyha, District Banka. …Defendant-Respondent 4th Party-Opposite Parties 12. Chalitar Mandal, son of late Bhairo Mandal 2 13. Mantlal Mandal, son of Sri Chalitar Mandal Both 12 and 13 residents of village Tintanga Diyara Jhallu Das Tola, P.S. Gopalgpur, District Bhagalpur. ….Intervenor-respondent petitioner 5th Party/Opposite Parties. ----------- 02/ 09.07.2009 I.A. No. 6894 of 2008 has been filed on 24.11.2008 on behalf of the petitioner for substituting the heirs of opposite party no.4, namely, Ramesh Kumar, who is said to have died on 29.08.2008 leaving behind a widow, a son and four daughters as his heirs and legal representatives, who are detailed in paragraph no.3 of the interlocutory application. The said interlocutory application is well within statutory period of limitation and all the heirs are major. In view of the statements made in the interlocutory application, the same is allowed. Let the aforesaid heirs of deceased opposite party no.4 be substituted in his place. 2. This civil revision has been filed by the sole plaintiff-respondent no.1-petitioner challenging order dated 03.01.2007, by which the learned Additional District Judge-III, Naugachhia (Bhagalpur) rejected the application filed by the petitioner under Order XXII Rule 4(5)(a) of the Code of Civil Procedure. 3. The said title appeal arises out of Title Suit No. 201 of 1984, which was filed by the plaintiff-petitioner for declaration of his title with respect to the suit land as well as for other ancillary reliefs and the said suit was decreed by the trial court vide its judgment and decree dated 15.03.1996, which was challenged by defendant no.1-appellant-opposite party no.1 in Title Appeal No. 43 3 of 1996. It transpires that during the pendency of the said title appeal, some of the respondents died and no substitution petition with respect to their heirs was filed within the statutory period and hence the learned court of appeal below held that the appeal had abated against heirs of the said deceased respondent and has not abated in its entirety. 4. It further transpires that against the said order, the plaintiff preferred a civil revision before this Court, which was dismissed as withdrawn with liberty to him to move the appellate court with respect thereto. In view of the aforesaid order of this Court, a fresh application was filed by the petitioner, who was respondent no.1 in the title appeal with respect to the same amendment and after considering the entire matter in detail the learned court of appeal below came to the conclusion that in view of the nature of the suit there was no occasion for dismissing the title appeal in its entirely, rather the appeal stood dismissed against the heirs of the deceased respondents, hence it shall proceed against the surviving respondents of the title appeal. 5. In the aforesaid facts and circumstances, this Court does not find any illegality or jurisdictional error in the impugned order of the learned court below and, accordingly, this civil revision is dismissed. MPS/ ( S. N. Hussain, J. )