IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Review No.165 of 2008 1. Tarbini Devi wife of Late Sita Ram Agarwal 2. Shambhu Prasad Agarwal S/o Late Sita Ram Agarwal 3. Ashok Kumar Agarwal S/o Late Sita Ram Agarwal 4. Kailash Prasad Agarwal S/o Late Sita Ram Agarwal 5. Arun Kumar Agarwal S/o Late Sita Ram Agarwal All residents of village Ballia Bazar, P.S. Ballia, District Begusarai. …...Defendants-Appellants-Applicants- Appellants-Petitioners. Versus 1. Hari Mohan Rastogi S/o Late Ganesh Lal 2. Shail Kumari Devi @ Shail Devi wife of Late Radha Mohan Rastogi 3. Kanhaiya Rastogi S/o Late Radha Mohan Rastogi 4. Shivji Rastogi 5. Bharat Rastogi 4 and 5 are sons of Late Radha Mohan Rastogi, both minors under the guardianship of their mother Shail Kumari Devi 6. Vidya Sagar Lal S/o Late Ganesh Lal 7. Ram Mohan Lal S/o Late Ganesh Lal 8. Braj Bihari Lal S/o Late Ganesh Lal 9. Krishan Gopal Rastogi S/o Late Jhari Lal 10. Bal Krishan Rastogi S/o Late Jhari Lal All residents of Ballia Bazar, P.S. Ballia, District Begusarai. …Plaintiffs-Respondents-Opposite Parties- Respondents-Opposite parties. For the petitioners : M/s R.K. P. Singh and Bal Bhushan Choudhary, Advocates. For the opposite parties : None. ----------- 07/ 05.08.2009 Heard learned counsel for the petitioners. No one appears on behalf of the opposite parties, although notices have been validly served. Considering the facts and circumstances as well as the contentions of learned counsel for the petitioners it appears that in order dated 10.07.2008 passed in M.A. No.310 of 2004 the learned Single Judge considering the matter dismissed the miscellaneous appeal on the assumption that the petitioners-appellants were in the 2 habit of deliberately delaying the matter as suit was dismissed eight times due to laches on their part. However, learned counsel for the petitioners has shown that M.T.A. No.18 of 1978 was dismissed only once due to the fault of the petitioners-appellants and the case was dismissed several times due to other reasons, including the laches on behalf of other side during trial stage. In the said circumstances, there is an error apparent on the face of the record of the case and accordingly the impugned order dated 10.07.2008 passed in M.A. No.310 of 2004 is hereby reviewed and recalled. Let the said miscellaneous appeal be placed for hearing under Order XLI Rule 11 of the Code of Civil Procedure. harish/ ( S. N. Hussain, J. )