IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12337 of 2010 1. PARSURAM CHAUDHARY S/O LATE CHHATHU CHOUDHARY R/O VILL.- BIRAMPUR, P.O.- BIRAMPUR, P.S.- KOELWAR, DISTT.- BHOJPUR Versus 1. THE STATE OF BIHAR THROUGH SECRETARY, DEPTT. OF LAW 2. BUCHNU PATHAK S/O LATE RAJNATH PATHAK R/O VILL.- BIRAMPUR, P.O.- BIRAMPUR, P.S.- KOELWAR, DISTT.- BHOJPUR 3. VIVEKA NAND PATHAK S/O LATE BISHWANATH PATHAK R/O VILL.- BIRAMPUR, P.O.- BIRAMPUR, P.S.- KOELWAR, DISTT.- BHOJPUR, PRESENTLY RESIDING AT MOHALLA- RAM NAGAR COLONY, HANUMAN CHOWK, GOLA ROAD, DANAPUR, DISTT.- PATNA 4. MOSTT. SAVITRI DEVI W/O LATE SHEONATH PATHAK R/O VILL.+P.O.- BIRAMPUR, P.S.- KOELWAR, DISTT.- BHOJPUR, PRESENTLY RESIDING AT QR. NO. B/49, POLICE COLONY, ANISHABAD, DISTT.- PATNA 5. SARDANAND PATHAK S/O LATE JAG NARAYAN PATHAK R/O VILL.+P.O.- BIRAMPUR, P.S.- KOELWAR, DISTT.- BHOJPUR, PRESENTLY RESIDING AT MOHALLA- KESHRI NAGAR (NEAR VIRKUNWAR SINGH CHOWK) P.S.- RAJEEV NAGAR, DISTT.- PATNA ----------- 02. 09.12.2010 Heard learned counsel for the petitioner. The petitioner is aggrieved by the order dated 7.2.2009 by which Miscellaneous Case No. 02 of 2009 has been allowed, restoring Title Suit No. 664 of 2004 dismissed earlier. Learned counsel for the petitioner very fairly acknowledges that Title Suit No. 664 of 2008 was dismissed at a stage even before notice had been issued to the petitioner or they had entered appearance. If the Title Suit has dismissed at a stage prior to issuance of a notice, this Court finds no infirmity in the order of the Miscellaneous Case 2 restoring the suit as petitioner can raise all his objections in the suit itself. The application is dismissed. P.K. ( Navin Sinha, J.)