IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1650 of 2009 KAMALDEO PRASAD & ORS Versus MAHANTH RAM ADAYAPURI & ORS ----------- 02/ 05.10.2009 This civil revision has been filed against order dated 10.08.2009 passed by the learned Subordinate Judge-V, Chapra under the provision of Order XL Rule 1 of the Code of Civil Procedure in Title Suit No. 437 of 2001. Office has noted that against such order miscellaneous appeal has to be filed under the provision of Order XLIII Rule 1(S) of the Code and hence the instant civil revision is not maintainable. Office appears to be correct. Accordingly, this civil revision is dismissed as not maintainable with liberty to the petitioners to file a miscellaneous appeal before the court of appropriate pecuniary jurisdiction. They may file an application for condoning the delay in that court in view of the time spent in this Court while in pursuing this civil revision. MPS/ ( S. N. Hussain, J. )