IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1792 of 2006 SURYADEO ROY & ORS Versus DEENAPAT ROY & ORS ----------- 2 16/12/2008 Heard counsel for the petitioners. This Civil Revision Application assailing the order dated 13.7.2006 refusing impleadment of the petitioners in Title Suit No. 307 of 2001 was filed on 13.10.2006, but the same could not be taken-up and in the meantime it is said that the suit itself has been disposed of on 19th July, 2008. In that view of the matter, this application has become infructuous. Counsel for the petitioners would, however, submit that the petitioners may still have a surviving lis and as such if an appeal is filed against the said judgment and decree in Title Suit No. 307 of 2001, they may be given liberty to approach the appellate court for impleadment as party. This Court, without expressing any opinion on such prayer, would give liberty to the petitioners to file a petition in the appeal for impleadment of party and if 2 the appellate court feels that their impleadment as party is still necessary; the appellate court will pass an order in accordance with law. With the aforesaid observation this application stands dismissed as withdrawn, having become infructuous. (Mihir Kumar Jha, J.) Abhay Kumar