IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2078 of 2008 THE DEITY OF THAKURJEE RAM LAKSHMAN JANAKI JEE & ANR Versus BIHAR HINDU RELIGIOUS TRUST&OR ----------- 2 12/12/2008 Heard Mr. Gajendra Kumar Jha, learned counsel appearing on behalf of the petitioners. In view of the facts mentioned in I.A. No. 7362 of 2008, the delay in filing of this Civil Revision Application is condoned. Coming to the merits of this case, this Court would find that the effort of the court below in the impugned order, to say the least, would only amount to shirking its responsibility. Even if the Court was of the view that the suit was not maintainable it had to record reasons for the same. Merely because the plaintiffs-petitioners did not appear on the date fixed for hearing on the question of maintainability will not give liberty to the Court to either dismiss the suit or transfer the suit to the Bihar Hindu Religious Trust Board. This Court has failed to understand as to under what provisions of law the suit was being 2 transferred to the Bihar Hindu Religious Trust Board. That being so, in the impugned order is vitiated by an apparent jurisdictional error and accordingly the same is set aside. The matter is remitted back to the court below to decide the question of maintainability of the suit within a period of three months from the date of receipt/production of a copy of this order. The petitioners being the plaintiffs assure this Court that they will now co-operate in getting this issue decided at an early date. With the aforesaid observations/directions, this revision application is allowed only to the extent indicated above. (Mihir Kumar Jha, J.) Abhay Kumar