IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.549 of 2009 NEELA DEVI & ANR Versus RAJAN SINGH@RANJAN KUMAR SINGH &ORS ----------- 3. 29.4.2009 Heard Counsel for the petitioners and Counsel for the opposite parties in this case. This Court on perusal of the application as also after hearing Mr. Arun Kumar Arun, learned Counsel for the petitioners in Civil Revision No.30 of 2009 is satisfied that the report of the Pleader Commissioner about which an issue was raised in the aforesaid revision application was no where shown to be connected to preparation of a final decree proceeding. The moment a preliminary decree was already prepared in a Partition Suit in the year 1968 and in terms thereof a final decree proceeding had already been undertaken, the confirmation of the report of the Pleader Commissioner would by itself amount to completing the final decree proceeding as against which only an appeal would have been preferred by the petitioners of Civil Revision No.30 of 2009. Learned Counsel for the petitioners in M.J.C.No.549 of 2009 in fact has brought on record the order sheet and documents to show that the final decree proceeding has already been signed on 15.11.2008. In that view of the matter, any order passed by this Court on 15.1.2009 directing to reconsider the objection of the petitioners of Civil Revision No.30 of 2009 to the report of the 2 Pleader Commissioner was apparently due to ignorance of the fact that a final decree proceeding had already been completed. That being so, this Court would have no hesitation in recalling the order dated 15.1.2009 and consequently dismissing the Civil Revision application No.30 of 2009. It goes without saying that the petitioners of Civil Revision No.30 of 2009 may raise any objection pertaining to confirmation of the report of the Pleader Commissioner in the appeal which is said to have been already filed by them against the final decree proceeding. This application is accordingly allowed in the aforesaid terms. Narendra/ ( Mihir Kumar Jha, J. )