IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1542 of 2006 JITANJAY KUMAR JAIN & ORS Versus MURTI SRI RAMJEE,SITAJEE,SHRI LAXMAMAN JEE ----------- 2. 15.12.2008 Heard counsel for the petitioner. Petitioner no.1 is said to have died on 24.10.2007 and a prayer for his substitution in I.A.No. 1190/2008 has been made. In view of the fact that all the four heirs named in paragraph 1 of the said interlocutory application have also filed their Vakalatnama, the prayer made for deleting the name of petitioner no.1 is allowed and in his place his legal heirs and representatives as named in paragraph 1 would be substituted. Office to make necessary correction in the cage column of the civil revision application. On merits this Court would not find anything for interference with the impugned order. The insistence of the petitioner that there should be a preliminary issue and that too on a question of fact was rightly considered and rejected by the court below. It has to be noted that the plea of 2 substitution of the son of the trustee through whom the deities have filed, the suit for eviction has already acquired finality between the parties and therefore, as to whether the suit would be maintainable or whether the son of the trustee will have the capacity to continue with the suit are definitely not such question which can be decided as a preliminary issue. This civil revision application, therefore, is wholly misconceived and is hereby dismissed. Since the petitioners, the alleged tenants, have themselves been making the grievance with regard to pendency of this eviction suit of the year 1997, for a period over 11 years, this Court would direct the court below to dispose of the suit expeditiously preferably within a period of six months from the date of receipt/ production of a copy of this order. (Mihir Kumar Jha,J.) Surendra/